Cases in which obtaining the energy certificate is mandatory:

• From November 1, 2007, for newly built buildings.
• As of June 1, 2013, for existing buildings and homes that are rented or sold. It also applies to buildings or parts of buildings that a public authority occupies with more than 250 m² (RD 235/2013).
• From June 3, 2021, for buildings where reforms or extensions are carried out, buildings with an area greater than 500 m², and all buildings that have to carry out the Technical Building Inspection (ITE) (RD 390/2021).

Validity: The energy efficiency certificate will be valid for a maximum of 10 years, except when the energy rating is a G, then the maximum validity will be 5 years. A new certificate is not required before the end of this period. The property may voluntarily update it when it considers that there are variations in aspects of the building that may modify this certificate.

Sale: In the case of sale, the owner/owner or promoter of the building or home has the obligation to provide all the documentation corresponding to the energy efficiency certificate.

Rental: In the case of a rental, the property must provide the new tenant with a copy of the certification report and the energy efficiency hashtag.

Attention: On the other hand, any natural or legal person who publishes or allows the publication of information on the sale or rental of a building or part of it, whether in real estate agencies, billboards, web pages, real estate portals, catalogues, press or similar, will be obliged to include the relative information in its energy efficiency rating.

They constitute very serious infractions:

a) Falsifying the information in the issuance or registration of energy efficiency certificates.

b) Act as certifying technician without meeting the legal requirements to be.

c) Act as an independent agent authorized to control the certification of the energy efficiency of buildings without having the proper authorization granted by the competent body.

d) Advertise in the sale or rental of buildings or part of buildings an energy efficiency rating that does not have a duly registered valid certificate.

e) Similarly, very serious offenses are serious offenses provided for in section 4, when during the three years prior to their commission a firm sanction has been imposed on the offender for the same type of offense.

They constitute serious infractions:

a) Failure to comply with the conditions established in the calculation methodology of the basic procedure for the certification of the energy efficiency of buildings.

b) Failure to comply with the obligation to present the energy efficiency certificate to the competent body of the autonomous community in matters of energy certification where the building is located, for its registration.

c) Not incorporating the project energy efficiency certificate in the building execution project.

d) Display a hashtag that does not correspond to the validly issued, registered and current energy efficiency certificate.

e) Selling or renting a property without the seller or lessor releasing the energy efficiency certificate, valid, registered and in force, to the buyer or lessee. f) Likewise, serious offenses are minor offenses provided for in section 5 when during the year prior to their commission a firm sanction has been imposed on the offender for the same type of offense.

They constitute minor infractions:

a) Advertise the sale or rental of buildings or building units that must have an energy efficiency certificate without mentioning their energy efficiency rating.

b) Do not display the energy efficiency hashtag in cases where it is mandatory.

c) The issuance of energy efficiency certificates that do not include the minimum information required. d) Failure to comply with the obligations to renew or update energy efficiency certificates.

e) Not incorporating the finished building's energy efficiency certificate in the building's book.

f) The display of the energy efficiency hashtag without the legally established minimum format and content.

g) Publicize the qualification obtained in the energy efficiency certification of the project, when the energy efficiency certificate of the finished building is already available.

h) Any actions or omissions that violate what is established in terms of energy efficiency certification when they are not classified as serious or very serious infractions.

Sanctions:

a) Minor infractions, with a fine of 300 to 600 euros.

b) Serious offences, with a fine of between 601 and 1,000 euros.

c) Very serious offences, with a fine of between 1,001 and 6,000 euros.

In cases in which the benefit that the offender has obtained from the commission of the offense is greater than the amount of the sanctions indicated in each case in the preceding section, the sanction is imposed for an amount equivalent to the benefit thus obtained. In grading the sanction, the damage produced, the enrichment obtained unfairly and the concurrence of intentionality or reiteration are taken into account.