Regulatory framework in Spain
La transposición de la referencia a la certificación en la Directiva de eficiencia energética en edificios del año 2002, se hizo a través del Real Decreto 47/2007, de 19 de enero,[2] mediante el que se aprobó un Procedimiento básico para la certificación de eficiencia energética de edificios de nueva construcción, quedando pendiente de regulación, mediante otra disposición complementaria, la certificación energética de los edificios existentes.
Antes de que se regulara la certificación de edificios existentes tuvo lugar la aprobación del texto refundido de la Directiva de eficiencia energética en edificios de 2010, circunstancia que hace necesario transponer de nuevo al ordenamiento jurídico español las modificaciones que introduce con respecto a la Directiva modificada.
Si bien esta transposición podría realizarse mediante una nueva disposición que modificara el Real Decreto 47/2007, de 19 de enero, y que a la vez completara la transposición contemplando los edificios existentes, parece pertinente que, por economía administrativa"), se realice mediante una única disposición que refundiendo lo válido de la norma de 2007, la derogue y complete, incorporando las novedades que incorpora la nueva directiva y amplíe su ámbito a todos los edificios, incluidos los existentes.
En consecuencia, mediante el Real Decreto 235/2013, de 5 de abril, por el que se aprueba el procedimiento básico para la certificación de la eficiencia energética de los edificios,[3] se transpone parcialmente la Directiva 2010/31/UE del Parlamento Europeo y del Consejo, de 19 de mayo de 2010, en lo relativo a la certificación de eficiencia energética de edificios, refundiendo el Real Decreto 47/2007, de 19 de enero, con la incorporación del Procedimiento básico para la certificación de eficiencia energética de edificios existentes, teniendo en consideración además la experiencia de su aplicación en los últimos cinco años.
Muchos de los contenidos que se citan aparecen en un documento de aclaraciones[4] publicado periódicamente y de forma acumulativa por el [Ministerio de Industria, Energía y Turismo]. A fin de no repetir la misma referencia al final de este capítulo, indicaremos simplemente que se trata de una "nota aclaratoria" cuando nos refiramos a contenidos del mismo.
Recognized documents
The legislation (art. 3 of the procedure of RD 235/2013) provides for a registry of "recognized documents"[5].
There are three types of these documents:
a) Energy efficiency rating computer programs.
b) Specifications and technical guides or comments on the technical-administrative application of the energy efficiency certification.
c) Any other document that facilitates the application of the energy efficiency certification, excluding those that refer to the use of a particular product or system or one under patent.
The first, which are those used to calculate the energy rating of the building, are in turn subdivided into two:
• - The general procedure, for which the unified tool LIDER-CALENER (HULC, version 20151113) is used. For the introduction of the building's technical systems, this program gives access to two sub-applications, which differ in the richness of parameters that can be entered in one or the other: Calener VYP (housing and small tertiary) and Calener GT (for large tertiary).
• - At the same time, it is possible to propose to the administration the approval of simplified procedures, following the instructions of a recognized document published for this purpose. Since January 2016, the recognized documents are:
Other procedures were previously in force:
In the section on "characteristics of documents recognized for qualification" of this article, the characteristics of each of them are discussed.
Content
The energy efficiency certificate of the building or building unit must contain at least the following information (according to art. 6 of RD 235/2013):
• - Identification of the building or building unit that is certified, including cadastral reference.
• - Indication of the recognized procedure used to obtain the energy efficiency rating. This is the "recognized document" (usually a computer program) that has been used by the certifier.
• - Indication of the regulations on energy savings and efficiency that were applicable at the time of construction, in the case of existing buildings. In the Spanish case, historically there are not many.
• - Compliance with the environmental requirements demanded of thermal installations. The certifier must verify that the thermal installations comply with Technical Instruction 3 of the Regulation on Thermal Installations in Buildings (clarification 5.16).
• - Description of the energy characteristics of the building, thermal envelope, facilities, normal operating and occupancy conditions, thermal and lighting comfort conditions, indoor air quality and other data used to obtain the building's energy efficiency rating.
• - Description of the tests, checks and inspections carried out, by the certifying technician, during the energy qualification phase with the purpose of establishing the conformity of the information contained in the energy efficiency certificate with the building.
• - Energy efficiency rating of the building expressed through the energy label.
• - "Document of recommendations for the improvement of the optimal or cost-effective levels of energy efficiency of a building or a unit thereof, unless there is no reasonable potential for such an improvement compared to the current energy efficiency requirements". These improvement recommendations must be technically feasible in the specific building being certified.
• - The recommendations included in the energy efficiency certificate will address:.
• - "It will contain information for the owner or lessee on where to obtain more detailed information, including information on the cost-effectiveness of the recommendations made in the certificate [...]". And "[...] will report on the actions to be taken to put the recommendations into practice".
• - "[...]an estimate of the investment recovery periods or profitability during its useful life cycle" may be included. The evaluation of this relationship will be carried out on the basis of a series of standard criteria, such as the evaluation of energy savings, underlying energy prices and a preliminary cost forecast.
• - "May provide the owner or tenant with information on other related topics, such as energy audits or financial or other incentives and the possibility of financing".
When should it be obtained
Royal Decree 235/2013 provides for three situations in which it is mandatory to obtain the certificate (article 2):
• - In new buildings. Its certification will have two parts: the project one, which will be included in the execution project, and the finished building one, which will confirm the data of the first one, and if not, this one must be modified. (art. 8). The person responsible for obtaining it is the Promoter (building agent) "Promoter (building agent)") or owner (art. 5.1).
• - In existing buildings or parts of existing buildings when sold, or rented to a new tenant (therefore not applicable in renovations). The person responsible for obtaining it is the owner (art. 5.1).
• - In buildings or parts of buildings occupied by a public authority, frequented by the public and with a surface area greater than 250 m². The definition of public authority (clarification 3.1) is that of article 2 of Law 30/1992. The person responsible is the owner, either a third party, if the administration is a tenant, or the administration itself, if it is the owner.
In addition, the Urban Rehabilitation, Regeneration and Renewal Law introduces the energy efficiency certificate as part of the Building Assessment Report. Therefore, it will be mandatory to obtain it for the existing buildings to which the Report must be available (see first transitional provision of the Law). These are:
• - Those who must obtain the report in accordance with the schedule established by the regional or municipal authorities. The minimum established by State Law is every ten years for buildings over 50 years old (within 5 years after reaching that age), but lower levels of administration can introduce more restrictive conditions (in terms of buildings affected and frequency). Given that the orientation of the law regarding municipalities that have a Technical Building Inspection in operation is to complete its contents, it will most likely be that the calendars and scopes of application in those municipalities will be those that already exist (art. 9.2).
• - Prior to requesting any aid for conservation, accessibility or energy rehabilitation of the building.
• - Only the assumptions covered by the Urban Leases Law are considered rentals (clarification 2.1). The provision of spaces in hotels, rural houses or properties for events does not correspond to a lease (clarification 2.2).
• - Raw commercial premises should not be classified until they are refurbished (clarification 2.8). The sale or rental of a premises does not imply a change of use, although the assumption of "major renovation" may be applicable.
• - Extensions: the explanatory notes (2.12) only require qualifying the extensions when they are susceptible to independent legal use or ownership, either by qualifying them separately or by reclassifying the entire building. When the aforementioned conditions do not exist, these actions are voluntary.
When should it be presented or exhibited
This issue is regulated by art. 14 of RD 235/2013 and by article 83.3 of the Sustainable Economy Law.
• - In new construction for rent or sale, the project certificate is provided during construction, and the final certificate is issued once it is completed.
• - In the case of sale of all or part of an existing building, the certificate is delivered to the purchaser. When it is rented, a copy of it is displayed and made available to the tenant.
• - In all cases the label must be included in all advertising for the sale or lease of buildings or parts of buildings, new or existing, indicating in the first case whether it is classified as a project or a finished building (art. 12).
According to the explanatory note of the Ministry of Industry, Energy and Tourism 5.14. The sale for which the certificate must be delivered takes place at the time of signing the deeds, not in the deposit contract. In units of a building, either the certificate for the entire building or one specific to that unit can be used (clarification 5.2). In press advertisements it is possible to mention only the letter for consumption and emissions, and in advertisements that are placed on the outside of buildings (such as doorways and balconies) and that only contain the contact telephone number, it is not necessary for the rating to appear (clarification 6.2). In the case of vacation rentals, it is not necessary to indicate the qualification, because the building is exempt (clarification 6.6).
• - Only when it is mandatory to have the certificate, buildings or building units of more than 500 m² frequented by the public must display the label.
• - Buildings or units occupied by public authorities and regularly frequented by the public larger than 250 m² (which are already required to have a certificate) must display the label.
Competent Technicians
Article 1.3 section p and art. 7 and 8 of the Procedure, contained in Royal Decree 235/2013, do not limit the professionals authorized to certify buildings. Yes, a later explanatory note[4] from the Ministry of Industry, Energy and Tourism does so, which lists a large number of engineering and technical engineering degrees, including those not linked in any way to construction, as well as a degree in chemistry. However, this clarification is made pending a Ministerial Order that at the time of writing this paragraph (August 2014) has not been published. All certificate documents must be signed by the same technician.
The autonomous communities can publish records of qualified technicians and companies (Third Transitional Provision of RD 235/2013).
Inspection and sanctioning regime
The CCAA must annually carry out a control on a part of the registered certificates, directly or through agents to whom they delegate that responsibility (art. 9 of RD 235/2013). If discrepancies are detected, the promoter or owner is notified, offering a deadline for correction or allegations.
Although article 18 of RD 235/2013 is dedicated to infractions and sanctions, the bulk of the regulation in this sense is provided by Law 8/2013 on Urban Rehabilitation, Regeneration and Renewal, third and fourth additional provisions.
The amount of the sanctions ranges between:
• - the 300-600 euros of the minor fees, which apply to situations such as: advertising the sale or rental of buildings without mentioning the certificate; not displaying the label when required; omit mandatory information in the certificate; failure to renew or update the certificate when appropriate; not incorporating the completed building certificate into the building book; not comply with the format conditions for displaying the label.
• - the 601 to 1,000 euros for the serious ones. Failure to comply with conditions of the calculation method; not registering the certificate; not incorporating it into the building execution project in the case of new construction; display a label that does not correspond to the certificate obtained; or sell or rent without delivery of a valid and registered certificate.
• - up to 1,001 - 6,000 euros for very serious cases. For example, falsify the content of the certificate; act as a certifier or as a certificate control agent without having the requirements or being authorized respectively; or advertise a qualification for which a certificate is not available.
Certain modifiers for recidivism are also included.
• - Blower door.
• - Technical Building Code.
• - Energy efficient building.
• - Building evaluation report.
• - Technical Building Inspection.
• - Regulation of Thermal Installations in Buildings.
• - Ventilation (architecture) "Ventilation (architecture)").
• - Law 8/2013, of June 26, on urban rehabilitation, regeneration and renewal. Among other aspects, sanctions and infractions regarding energy certification of buildings and their grading are established (Pages 47989 – 47990 of the BOE).
• - Order FOM/1635/2013, of September 10, which updates the Basic Document DB-HE <<Energy Savings>>, of the Technical Building Code, approved by Royal Decree 314/2006, of March 17. (Page 67137-67209 of the BOE).
• - Institute for Energy Diversification and Saving. General information Archived June 7, 2013 at the Wayback Machine.
• - The European Directive 2010/31/EU. Regulations.
• - Ministry of Industry, Tourism and Commerce. Calener Program.