Energy efficiency certificate

Energy-efficiency certificates have been compulsory for property transactions (buying and renting) in Spain since 2013. However, a new law passed in June now makes the certificates also obligatory for holiday lets in Spain. In the article, we explain the latest legislation and what it means for owners of holiday rentals in Spain.

What obligations does the new law set out for energy-efficiency certificates for holiday lets in Spain?

The law, passed on 1 June 2021, states that any property in Spain on the rental market must have an energy efficiency certificate. As a result, owners must do the following:

  • Holiday lets – include the energy-efficiency certificate in any promotion of the property.
  • Rentals – include the certificate in all rental contracts.

Did you know? You also need an energy-efficiency certificate for your property when you sell it.

What is the definition of a holiday let?

A holiday let is any dwelling (e.g. apartment, villa or house) that independently of its furnishings, fittings, installations and services is promoted as a rental for holiday purposes.

Thinking of buying a property in Spain as a holiday let? Find out about our conveyancing services.

Which official body is in charge of checking you have the certificate and fining you if you do not?

The tourism departments at regional governments are responsible for registering energy-efficiency certificates for holiday lets in Spain. They must also supervise that properties comply with the new law and if necessary, make the appropriate fine.

Fines for not having an energy efficiency certificate

How much is a fine for not having an energy-efficiency certificate?

Fines range from €300 to €6,000, depending on the seriousness of the offence. Specifically, there are three levels:

Slight offence – known as an infracción leve in Spanish, fines for this are from €300 to €600.

Examples include: failing to include the energy-efficiency rating in promotional material for the holiday let, and failing to renew or update the certificate;

Serious offence – known as an infracción grave in Spanish, fines for this are from €601 to €1,000.

Examples include: failing to register an energy-efficiency certificate, and letting a property without giving a valid and registered energy-efficiency certificate to the tenant.

Very serious offence – known as an infracción muy grave in Spanish, fines for this are from €1,001 to €6,000.

Examples include: giving false information when registering an energy-efficiency certificate; and stating an energy efficiency in promotional material that is not backed by a registered certificate.

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When did this law come into effect?

It was passed in early June and is already in effect. As a result, regions have the legal basis to fine property owners who fail to comply with the obligation to have an energy-efficiency certificate for holiday lets in Spain.

Note that fines are not just applicable to holiday let owners – holiday letting platforms are also liable to fines.

Is the law applied to other sorts of holiday accommodation?

Yes, it also applies to hotels, hostels, motels, holiday apartment blocks, student residential halls and care homes. It also includes public residential properties that have over 500m2.

Are any buildings exempt from the energy-efficiency certificate?

The following types of buildings are exempt:

  • Buildings officially listed because of their architectural or historic value.
  • Temporary buildings whose period of use is less than or equal to two years.
  • Detached buildings whose build size is less than 50m2 (including holiday lets).

Who can issue an energy-efficiency certificate?

In Spain, the only professionals who have the authorization to issue energy-efficiency certificates are architects, technical architects, engineers and technical engineers.

Thinking of renting before you buy? Find out how that works in Spain.

What’s on an energy-efficiency certificate?

The certificate must include the following information:

  • The energy-efficiency rating awarded to the property.
  • The property’s energy consumption.
  • A description of the property’s energy characteristics.
  • Recommendations for viable improvements.

Where do you register an energy-efficiency certificate?

You should register it with the appropriate official body in the region where your property is situated. In the case of a holiday let, you should register the certificate with the Tourism Department.

What’s the period of renewal?

An energy-efficiency certificate is valid for 10 years. After this time, the owner must renew or update the certificate.

How much does a certificate cost?

Prices are not regulated and depend on the market. They also depend on the size of the property. To give you a rough idea, expect to pay around €120 (including VAT) for a property of around 100m2. In some parts of Spain, you also have to pay certain taxes on the certificate, for example, €23 in Murcia.

Need some help with getting an energy-efficiency certificate for your holiday let in Spain?
Get in touch – we’ll be happy to put you in touch with a recommended professional.

María Luisa de Castro

DIRECTOR
María founded CostaLuz Lawyers in 2006 and is the Firm’s Director. María is registered Lawyer number 2745 of the Cadiz Bar Association and is licensed to practice in all areas of law throughout Spain. Working closely with her team, María has developed the firm into one of the most highly regarded and trusted Spanish Law Firms acting for English-speaking clients with legal problems in Spain. We're here to help. Contact us today for a free no-obligation consultation.
María Luisa De Castro - Costaluz Lawyers

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