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On 13 April 2013 was published the Royal Decree 235/2013, which approved the basic procedure for certification of energy performance of buildings.

The Law 8/2013 of rehabilitation, regeneration and urban renewal, in force since 28 June 2013, completes the aforementioned Royal Decree, regulating through its additional provisions third and fourth the infractions and penalties concerning the energy certification of buildings.

Infractions are classified as minor, serious and very serious.

Minor infractions:

Advertising the sale or rental of buildings or building units that must have energy performance certificate without reference to its energy efficiency rating.

1. Failure to display the energy performance label in cases in which it is required.
2. Issuing energy performance certificates not including the minimum required information.
3. Failure to comply the renewal or updating of energy performance certificates.
4. Failure to incorporate the energy performance certificate of the completed building in the Book of the building.
5. Displaying energy performance labels without the minimum format and content legally established.
6. Advertise the rating obtained in the energy performance certificate of the project, when the energy performance certificate of the completed building is already available.
7. Any acts or omissions that violate the provisions on certification of energy performance when they are not classified as serious or very serious.

Serious infractions:

1. Failure to comply with the conditions set out in the methodology for calculating the basic procedure for certification of energy performance of buildings.
2. Failure to submit the energy performance certificate, for registration, to the competent body of the Autonomous Community on energy certification.
3. Failure to incorporate the energy performance certificate of the project, in the project of the building.
4. Displaying a label that does not correspond to the energy performance certificate validly issued, registered and in force.
5. Selling or letting a property without the seller or lessor delivering the energy performance certificate, valid, registered and in force, to the buyer or lessee.
6. Similarly, minor infractions will be serious infractions, when during the year prior to its commission the offender has received a penalty for the same type of infraction.

Very serious infractions:

1. Falsifying the information when issuing or registering energy performance certificates.
2. Acting as technical certificator without meeting the legal requirements to be such.
3. Acting as authorized independent agent to control the certification of energy performance in buildings without proper authorization granted by the competent body.
4. Advertising on the sale or rental of buildings or parts of buildings, an energy performance rating that is not supported by a valid certificate duly registered.
5. Similarly, serious infractions will be very serious infractions, when during the three years prior to its commission the offender has received a penalty for the same type of infraction.

The infractions shall be punished as follows:

1. Minor infractions: fine of 300 to 600 euros.
2. Serious infractions: fine of 601 to 1000 euros.
3. Very serious infractions: fine of 1001 to 6000 euros.

However, in cases where the benefit obtained by the offender for the commission of the infraction is higher than the amount of the fine, the fine shall be imposed in an amount equal to the obtained benefit.

Damages caused, enrichment unjustly obtained and concurrence of intentionality or reiteration will be taken into account to adjust the penalties.

The investigation and resolution of disciplinary proceedings correspond to the competent bodies of the Autonomous Communities.

Salvador Manzano Valverde - Lawyer      

salvadormv@serveco.es