Tourist vacation rentals are subject to various requirements. For example, in order to legally rent out a property, it must have a license. Since June 2021, a further requirement has been added: The energy performance certificate.
The energy performance certificate is now not only mandatory, but also mandatory for vacation homes. This is based on the new law "certificado de eficiencia energética". This also means that all property owners who offer their properties for vacation rental must also provide information on the energy class within their offers (e.g. on rental portals). Incidentally, the regulation also applies to properties that are rented out long-term or are for sale. In the case of Mallorca, the Balearic Government is responsible for registration and control.
Injuries cost money
If the energy performance certificate is missing, there are severe penalties. The fines can be in the four-figure range, depending on the facts of the case. A three-tier system is applied. For minor offenses, the fines are between 300 and 600 euros, for serious offenses between 600 and 1,000 euros. Penalties of up to 6,000 euros can be imposed for serious violations of the Energy Performance Certificate Act. Sanctions not only affect property owners, but also the providers of such services, such as internet platforms.
The Spanish government's law on energy certificates is immediately applicable in its sanctions. They are imposed by the corresponding officials of the Ministry of Energy or the Energy Agency. According to media reports, citizen complaints are also investigated. However, the Spanish government emphasized that the new energy certificate law is not intended to punish. The aim is to inform citizens and raise awareness of the new regulations.
No deadline for implementation
The industry, on the other hand, reacted with fierce criticism. Those who offer their homes for vacation rental should at least be given a reasonable period of time to implement the requirements. After all, drawing up an energy certificate costs time and money.
The following requirements apply for a valid energy performance certificate:
- Exhibition by a freely chosen, competent technician with appropriate qualifications in construction work and/or building construction. This includes architects and engineers.
- The energy performance certificate must be registered with an official body in the Autonomous Community in which the property is located. Only then is it valid as a certificate. Information can be obtained from the relevant town hall. Registration can take between 30 and 60 days.
- Include information on the energy efficiency and consumption value of the property as well as information on the energy properties and possible tips on energy improvements.
An energy performance certificate issued in Spain is valid for ten years. After that, the document must be updated or renewed. The costs vary from region to region and depend, among other things, on the size of the property in question.
