Experience at the Notary is showing that they are accepting documents without an Energy Certificate. HOWEVER, they are warning buyers that they will not be Registered as the property owner until the Energy Certificate is provided. As I wrote on the 31st:
‘(Without being in a Registry, it is only a private contract between the registered owner and the 1st buyer and, though committing fraud, the registered owner could sell the property again to a 2nd buyer and if that 2nd buyer registers the property before the first one, the 2nd buyer is the legal owner and the 1st buyer only has the right to sue the initial seller, who has gained two sale prices and may well have disappeared! There are variations to that of course depending upon occupation, etc, but very simply that’s the situation).’ Continue reading
On 14 April 2013 the Spanish Royal Decree 235/2013 came into force. It approves the basic procedure for the Certification of Energy Efficiency in Buildings.
We’ve now successfully inspected our first villa for the CEE; organised the considerable amount of required info (down to colour of the window frames!); inputted it into the recently updated program; and pressed ‘Return’. It’s an ‘E’ with a figure of just over 50. Well that’s not too bad for here. No air conditioning, which would have decreased the efficiency, but equally no solar heating which would have bettered it. And if water and space heating was by biomass – it would have had an ‘A’ rating. That’s nuts, but that’s what the program gives. 
Whilst Spain may be behind UK in introducing the requirement for Energy Certificates for property, it gives us to benefit from their experience. Here is a recent article that was aired on the RICS Chartered Surveyor’s website. Author is a specialist in Energy Performance Certificates in England.
Read the title well, because it’s going to become very familiar over the next few months. On Friday, 5 April, the Royal decree was signed giving authority to the requirement for all property in Spain to have an energy efficiency rating certificate that will last for 10 years assuming no changes are made to the building. For the details, we now wait for the final text to be published in the BOE (Official State Bulletin). As the certification is to be regulated by each Comunidad throughout Spain, there are bound to be some variations. 
In the current economic climate it is perhaps not surprising to find that more people are bypassing building surveys in a bid to save money. These are difficult times, agrees the Royal Institution of Chartered Surveyors (RICS), but it also warns people that not having a survey done before they commit their hard-earned money to a property purchase is a short-term saving that could result in far higher costs over the longer term. 
Many property deals have fallen through due to differences in opinion by the professional property valuers and their appearing to be ‘out of touch’ with the market. Banks’ valuers in Spain, Tasadores, are obliged to work according to the regulations of the Bank of Spain, which regulations at times have appeared to be more designed to influence the market for the benefit of the political requirements of the economy rather than following the market. The same has occurred in other countries Europe-wide and in other situations. With the countries of Europe trading increasingly between themselves, both in property occupation and investment terms, there needs to be a common, trusted standard. 
Imagine you’re looking for a property; see one on the internet; like the look of it – the size, location, specs … even the price. At this point you’re quite excited, so you get in touch with the agent and arrange a viewing. On the appointed day you set eyes on the home ‘in the flesh’ so to speak, and first impressions are favourable, very favourable.