Certificat de performance énergétique
THIS IS AN EXPLANATION FOR ALL PROPERTIES THAT ARE CURRENTLY ON HOLD ON OUR WEBSITE
The properties that are showing as ON HOLD are pending the application of an Energy Performance Certificate in compliance with the Real Decreto 235/2013, de 5th April.
This Decree states that VENDORS must supply this certificate to enable ANY real estate agent the lawful advertising and promotion of their property.
If one has not been applied for then regrettably Spanish Property Choice after a period of grace given to our vendors to supply one, have had no choice but to put the property on hold from active marketing to avoid fines to both ourselves and more importantly the vendors, as this law stipulates both parties can be fined up to 6,000€ for not complying.
The EPC does not affect the legality of the houses, only the lawful marketing of them. You are still entitled as a purchaser to view these properties, but it is our duty to inform you that we currently do not have this document we have requested on the properties on HOLD and would require this prior to any viewings you may wish to undertake.
Vendors have been notified.
As a purchaser it is important for you to be aware this is a legal requirement on all properties advertised on any agent’s websites, advertising and showroom marketing and any property advertised privately.
If the agents do not comply then this would indicate they are not pro-active and are in effect by not complying putting their clients at risk of hefty fines or the possiblity of the non completion of a sale.
The Law states:
Articulo 12. Section 2. La etiqueta se incluira en toda oferta, promocion y publicidad dirigida a la venta o arrendamiento del edificio. Debera figurar siempre en la etiqueta, de forma clara e inequivoca, si se refiere al certificado de eficiencia energetica del proyecto o al del edificio terminado.
Translated: Article 12. Section 2. The label/EPC will be included in any Offer, Promotion and Advertising to the Sale or Lease of the building/property. Should always appear on the label, in a clear and unambiguous, if it refers to the certificate of energy efficiency project or to the finished building.
If you would like any further information on the Decree/Law then please feel free to contact us.
There are many estate agents and also some solicitors who are stating to the vendors that they do not need this certificate until they have an offer on their property! THIS IS NOT WHAT THE LAW STATES as you can see above.
We have indicated on each property the current status and properties currently on hold will be advertised again as soon as the EPC is supplied to us. There are many vendors who have applied for an EPC through our company or through their own architect and again this is stipulated on each property instruction as applied for: and will be added to the property listing once we receive the final certificate from the architect.
We hope as potential purchasers of a property here in the beautiful province of Costa Almeria, that you will understand our position and we are doing our very best to make sure you purchase a fully legal property! As the laws change, we endeavour to comply as quickly as we can and without too much disruption for our clients.
NEW PRICE FROM THE SPANISH PROPERTY CHOICE PREFERRED ARCHITECT IS from 100€ + IVA = 121€
On April the 13th the Boletín Oficial del Estado adopted the Royal Decree 235/2013 by which it approved the "basic procedure for certification of energy efficiency of buildings."
WHAT DOES THIS MEAN?
This means that from June the 1st 2013, any private house which is rented for a period of four months per year or any property on the market for sale, must have this certificate. There are no exemptions! This will be applied to all the buildings and houses, irrespective of their antiquity and applies to new properties also.
WHAT IS THE ENERGY EFFICIENCY CERTIFICATE?
The Energy Efficiency Certificate is a technical document that establishes the efficiency of a building as far as energy consumption is concerned. The certificate will qualify the houses in the same way household appliances are registered, by establishing a labeled A, B, C, D, E and F.
WHO SHOULD APPLY FOR THE CERTIFICATE?
The owner or developer of the property shall be responsible to instruct a competent certifier. Once obtained, he/she will also be responsible to keep these documents or supply them to their estate agent at point of promotion for sale or the rental of their property.
WHEN WILL THE CERTIFICATE BE REQUIRED?
The certificate will be required in the execution of contracts for promotion of sales or rentals.
WHO IS RESPONSIBLE FOR ISSUING THE CERTIFICATE?
A competent registered architect with an engineers qualification between upper or middle grade.
HOW DO WE OBTAIN THIS CERTIFICATE
Spanish Property Choice have been working hard on behalf of our vendors for the last few weeks to secure a preferred price for our clients. We have a qualified local registered architect who will obtain a certificate on your behalf. (Please see below for revised costs)
I ALREADY HAVE THE CERTIFICATE, WHAT DO I DO NOW?
Once you get the certificate, it must be submitted by the owner or developer to the Autonomic Administration or should you wish our appointed architect can submit this on your behalf (please see nominal cost below).
They will submit all of the relevant documentation for you to the Delegación Provincial de la Consejería de Innovación, Ciencia y Empresa – Agencia Andaluza de la Energía, in Almería.
The registration can be processed directly by the owner or developer or delegated to a third party with authorization signed by the applicant.
WHAT IF I DO NOT APPLY FOR THE CERTIFICATE?
If you do not show or make available the label and the certificate, it will be considered an infraction in defense of consumers and users (Art. 49.1 Texto Refundido de la Ley de Defensa de los Consumidores y Usuarios)) establishing penalties from €3,005.06.
Also where a sales or rental contract has been issued, this contract may be declared invalid for failing to supply the information to the buyer or tenant, so for all those who think it is not necessary and will not affect the sale of your house, then please bear in mind the contract could be deemed null and void should a potential purchaser not wish to continue the sale.
WHAT IS INVOLVED IN OBTAINING THE CERTIFICATE?
Once Spanish Property Choice have been authorized to instruct an architect on your behalf, Spanish Property Choice will make an appointment on your behalf and at your convenience he will visit the house and collect the data required. This will involve making a plan of the layout of the house and to verify the constructive elements and composition, walls, carpentry and heating and cooling systems if it is needed.
When this information is obtained, it will be processed using computer programs prepared for this purpose and then you will be supplied with the Certificate of Energy Efficiency and Labeling.
Finally, the architect will register the certificate in the Department of Innovation, Science and Enterprise - Andalusian Energy Agency.
WHAT IS THE COST OF THE CERTIFICATE?
We have worked very hard to secure and establish the following price!
you now pay from as little as 100€ + IVA = Total 121€
Spanish Property Choice have not included any charges to you our clients, this service is being offered to you FREE OF CHARGE to help you and us as your agent to achieve a successful sale for you in the future and a safe and legal purchase for our buyers.