Can't complete on time. Can the contract be extended?

The law isn't that you habve to be shown the EPC but of you sell or even rent a property there has to be one in place

If you are buying an older spanish property, based on old windows, electric boilers and limited wall and floor insulation the typical grade is between D to F and this is NORMAL and yes you cam improve it but it is normal and not worth getting upset about, you cannot refuse to complete on a property because it has a poor rating

It is NOTHING to do with the Escatura, not listed in it, a free standing document, a legal requirement to complete but a free standing document

On a new build property they now insulate properly, they use aerotherm type boilers, glass with solar protection, inverter AC unts, under flor heating etc and the EPC rating is often B

I ask what do you mean by doesn't look good, so not shown before sold just have one in place before sold

Thank you for your speedy reply, Roberto. Didn't think there was much we could do now. No point anyway, if it's a pointless piece of paper. Lol. 

There’s nothing you can do except improve older properties to make them more efficient on energy, I did this by putting in new double glazed windows, aerotherm boiler, window film new ac and went from an F to a D but the seller has done nothing wrong, blame your lawyer

you cannot refuse to complete based on the EPC  but your lawyer should have asked to see it before completion, even when you viewed the property because legally we cannot even advertise the property without including the rating. The cop out agents use is EPC pending

Roy, I stand corrected: when I said "included in the escritura", I should have said "included with the escritura". As should be other documents, such as the latest IBI receipt, for example. I was using the term escritura loosely to mean the overall document that one normally receives on completion.

P.S. my well constructed (by local standards) apartment was built in 2003 and has an EPC rating of G, apparently due to it having a 100l electric water tank. Do I care?

Roberto you are bank on with your comments regarding the boiler etc as if you are buying an older property it makes little difference

If however you are buying new it makes a big difference especially when it comes t sound insulation, many of us  have all suffered the noisy neighbour, in an apartment block the noise from people walking over the floor above, the loos flushing in the night and worse. In newer properties, which are tested they even insulate the pipework to baffle the sounds, there is s BIG difference

I doubt if there's any sound insulation that's been invented yet that could effectively insulate against the noise in Spain....but aren't we getting a little off topic here? The EPC surely doesn't cover sound insulation?

Roy.   

With regard to the EPC, it’s the same regulations across the EU.

To market a property for rent or sale, it has to have a current EPC (less than 10years old).  A solicitor is not legally able to provide a contract of sale without one, it’s a required document.  It has to be available and current, through an accredited assessor, within 14 days of marketing   If you’re responsinle for marketing the property, you should be showing the client the EPC or directing them to the national register.    

It has to be available to any interested party in the rental or sale and has to be depicted in the advertising of the property by way of at least a graph.   

The sound insulation requirement is not part of the EPC, only any building regulations there may be in Spain?   

In countries where there is predominantly electricity available and things like overnight tariffs?, the washing machines, dishwashers, dryers etc will be working overninight take advantage perhaps, in blocks of flats this will be pretty noisy in the type of construction over there. 

This message was last edited by briando55 on 23/11/2017.

It's a house, thankfully. Couldn't live/stay in a flat in spain. They're too noisy. lol.  We completed on the sale yesterday through POA (as mentioned in my earlier post) and this is the first time I have seen the the energy certificate. I suspect the boiler is knackered! Agent didn't have the info. They were waiting for the seller to provide it. And we forgot to remind them about it. Oh well. I'm learning the hard way.

"...(the EPC) has to be available to any interested party..."

But as I said before, there's no obligation to actually produce it if it's not asked for. 

Catlady, the EPC would not have mentioned the condition of the boiler. And the noise has nothing to do with houses or flats - it's Spain. You'll learn soon enough!

Congratualtions, by the way 

EPC does cover sound and I was at a new build yesterday where they were testing for it. When they do the checks for older properties they don’t even check if the boiler works. This is something that we normally do as part of the completion process, where we also check things like white goods, AC and of course the inventory , not enough agents do this

No roy.  The Epc does not cover sound, building regs here require an ‘on-construction ‘EPC’, air leakage tests and compartment sound insulation between dwellings among other things.   

The Epc is simply a SAP or rdSAP calculation of energy use and how it may be improved.   If there is a boiler fitted the Epc will assume it works at its sedbuk % rating.   If you want to know if a boiler is knackered, don’t look to the Epc for that advice.   Or the owner or agent come to that ha

Just had a look at a recent EPC and can't see anything to do with sound - only energy efficiency and environmental impact. Anyway, no amount of sound insulation will negate the simple fact that Spain is noisy. Very.

I've never known any agent in Spain to check the things you say you do though, Roy, so hats off to that  In fact, I doubt any check white goods and boiler condition etc., even in the UK....

Thanks Roberto :) Glad we managed to complete before the deadline. Thanks to everyone for answering my questions regarding the EPC. You're so knowledgeable! I'm sure I have many more questions you can answer. lol. I have a catastral certificate in front of me. Not sure where they have plucked these figures from. The valor catastral (2017) is a lot lower than the price we paid and we got the house for a good price. At least the tax man can't come after us in 4 years as we paid a lot more than this figure for the house.

The valor catastral Is the rateable value and has little to do with actual market values, although there is a coefficient based on the VC to determine the minimum declared sale price deemed acceptable to the tax authorities. This varies from area to area, but could be something like 2 or 3 times the VC

P.S. your lawyer should have been well aware of the valor catastral and this coefficient, so if you paid less than the tax authorities deem acceptable, he should have already made you aware of the possibility of future tax demands

This message was last edited by Roberto on 24/11/2017.

This message was last edited by Roberto on 24/11/2017.

He did make us aware, Roberto. This is why I said "the tax man won't come after us in 4 years as the value of the property on the catastral is much lower that the price we paid for it" I actually feel sory for anyone selling a property in spain. You have to produce (and pay for) so many different documents. 

Because you said "I'm sure I have many more questions you can answer" before saying "Not sure where they have plucked these figures from", I took that to mean you were asking what the valor catastral and it's relevance is. Seems like you already understand it though ;-) 

I'm not sure the amount of documentation is really much different to the UK - in fact, I'm pretty sure there's far more involved in the UK, but since it's nearly always handled by competent conveyancing solitcitors, with far less onus on the vendor to sort stuff out than in Spain, it may seem otherwise. But it's good that you've taken a keen interest in the whole process, as one day you may be in the selling seat, and will have a fair idea of what to expect. I'm always surprised at how many have bought property, but seem to have no idea what's involved in selling when the time comes. Costs? Yes, both buying and selling property in Spain can be very expensive (mainly tax-wise) - something which should be taken into consideration before getting in to the market really.

No, Windtalker. Catlady is liable for IBI from January 2018.

And the 4 years she referred to has nothing to do with IBI anyway, she was referring to transmission tax on the purchase of the property - although I'm unsure where the 4 year figure comes from (apart from her lawyer!)

Correct Roberto :) The 4 years came from our solicitor (also from research). It appears to take the tax man roughly 4 years to review the price you paid for a property and demand an additional payment. 

Roberto I think 4 weeks away from January..is close enough from the day you pick your Escutura up ...don't you...and as far as paying house purchase tax ... if the Taxman thinks you have bought at to low a figure they will assume that black money has changed hands apparently they have up to 4 year's to claim this money back ..this Tax claw back happens frequently.