Energy performance certificate in Spain: when it is mandatory

What it is and who issues it

The certificado de eficiencia energética, the energy performance certificate (EPC), is the assessment that gives a home an energy rating, summed up in a label, the etiqueta. It's currently governed by Real Decreto 390/2021 of 1 June 2021, in force since 3 June 2021, which repealed the old Real Decreto 235/2013. It's drawn up by a qualified technician, and it isn't valid just because it exists: it has to be entered in the register of the comunidad autónoma, the region, because the decree always speaks of a certificate that is "debidamente registrado" (duly registered).

In the Canary Islands the register belongs to the Gobierno de Canarias, and it's the technician who applies for registration, not the owner: on the government's online portal the procedure is called "Inscripción en el registro oficial de certificados de eficiencia energética de edificios", it's handled by the Servicio de Eficiencia Energética y Nuevas Energías, it can be submitted all year round and there's no fee. The applicant has to be an already accredited Técnico Competente, which is why it makes no sense to have it done by whoever offers a rock-bottom price.

When it's mandatory

Article 3.1 of the decree lists the cases where the procedure applies. For anyone buying or selling a home, the first two matter most.

• New buildings.
• Existing buildings or parts of a building "que se vendan o alquilen a un nuevo arrendatario" (sold or let to a new tenant): so every sale and every new tenancy.
• Buildings occupied by a public authority with a total useful floor area of more than 250 m².
• Major refurbishments and extensions: replacing or renewing thermal installations where a project is required, work on more than 25% of the total surface of the building's final thermal envelope, or an extension that increases the built floor area or volume by more than 10% when the extended useful floor area exceeds 50 m².
• Buildings with a total useful floor area of more than 500 m² used for the purposes the law lists: offices, healthcare, retail, public residential such as hotels and holiday apartments, schools, culture, venues, restaurants, transport, sports facilities, places of worship.
• Buildings required to undergo the Inspección Técnica del Edificio, the periodic building inspection, or an equivalent inspection.

What's handed over, and when, is set out in Article 17. For an existing home that's sold, "una copia del certificado de eficiencia energética debidamente registrado y la etiqueta de eficiencia energética se anexará al contrato de compraventa" (a copy of the duly registered certificate and the label are attached to the sale contract): the certificate is attached to the contract, not promised. For a letting, a copy of the label is attached and the tenant is given the usage recommendations document. If it's sold off-plan, before the building work is finished, the seller provides the project label and then, once the work is complete, the as-built certificate.

It's not optional in the listing

This is the point that surprises almost every seller from abroad. Article 15.2 says the label "se incluirá en toda oferta, promoción y publicidad dirigida a la venta o arrendamiento del edificio o de parte del mismo" (has to be included in every offer, promotion and advertisement for the sale or letting of the building or part of it). And Article 17.3 goes further, because it puts the obligation on whoever publishes or allows the publication of the listing, "ya sea en agencias inmobiliarias, vallas publicitarias, páginas web, portales inmobiliarios, catálogos, prensa o similares" (whether through estate agencies, billboards, websites, property portals, catalogues, the press or similar).

In other words: an agency that publishes a listing without the energy rating isn't doing the owner a favour, it's breaking a rule that applies to the agency too. That's why the rating appears on the property page on our site, and when an owner tells me "just put it online for now, we'll do the certificate later", the answer is no. Article 15.3 also bans displaying energy labels or symbols that don't meet the decree's requirements and that could mislead.

How long it lasts, and who renews it

Article 13.1 is unambiguous: "El certificado de eficiencia energética tendrá una validez máxima de diez años, excepto cuando la calificación energética sea G, cuya validez máxima será de cinco años" (the certificate is valid for a maximum of ten years, except when the energy rating is G, when the maximum validity is five years). Ten years in most cases, five for the worst rating, the only one the decree mentions by name.

Renewal doesn't happen on its own: Article 13.3 puts the responsibility on the owner, under whatever conditions the region sets, and lets them update it voluntarily too, once the building has changed. It's the move I recommend after a serious refurbishment, with new windows or panels on the roof: an old certificate describes a home that no longer exists, and that rating carries weight in a negotiation.

Who checks, and what happens if you don't

The decree hands the checking over to the region. Article 11 requires it to set up "un sistema de control independiente de los certificados de eficiencia energética" (an independent control system for energy performance certificates), with spot checks on the certificates issued each year that can go as far as an on-site visit to compare the building with what the certificate says. Article 12 adds the inspections needed to monitor compliance with the obligation.

Real Decreto 390/2021 doesn't set the amount of the fines, which sit in other national and regional rules: that's why there's no figure here. What I see happen in practice is quicker and more expensive: the notary asks for the certificate, and if there isn't one, completion is delayed. Ordering it as soon as you decide to sell costs little and avoids the last-week scramble.

When it isn't needed

• Officially protected buildings, for their architectural or historical value, when improving their energy efficiency would unacceptably alter their character or appearance.
• Temporary structures with an intended use of two years or less.
• Industrial, defence and non-residential agricultural buildings with low energy demand.
• Detached buildings, that is, not in contact with any other building, with a total useful floor area of less than 50 m².
• Buildings bought to be demolished, or for the refurbishments in Article 3.1.d): here the exclusion needs a declaración responsable, a formal self-declaration, submitted to the region's competent authority, which can set a stricter procedure.

This is general guidance on the national rule, not technical or legal advice, and the regions can add their own requirements. For your specific case, speak to a qualified technician or another competent professional.