If you’re thinking about selling your house or renting it out to a new tenant in Mallorca, Menorca and Ibiza, then it’s definitely within your interest to check the documentation and paperwork of your property and see if you have a valid Energy Efficiency Certificate (EEC).
Without this certification you are not legally able to sell or rent your property in Mallorca, Menorca or Ibiza – unless you want to risk a fine of up to 6,000 euros in the worst case scenario.
When do I need an EEC?
The cases listed are the most common ones in which as an owner you will need to hold an energy certification, although regulations define with more precision the cases in which the EEC is mandatory.
Law 235/2013 for the certificacion of energetic efficiency of property establishes that this document is necessary when selling or renting a property, be in a complete or partial act (such as apartments or business premises).
You do not need an EEC if the property meets the following requirements:
- It has a usable surface area of less than 50 m2 and is located in an isolated area.
- If it is an industrial building that is going to be used for workshops or the activity that takes place there.
- When it is purchased for demolition or to undergo a major refurbishment.
- When the rent is for a maximum of four months a year.
When must I present the EEC of my property?
If your home is among those that need to have the energy efficiency certificate and you intend to sell or rent it, then you will be required to present an EEC to the either of purchaser should it be done privately or to the estate agency or entity that will advertise the property on your behalf. The EEC badge is given to the owner of the property once the certificate is registered. It must also be included in the contract of sale and must be given to the buyer of the property. If the contract is for rent, the tenant must have a copy of the document.
Consequences of not having energy certification
Not having a certificate or having an expired energy efficiency certificate, which happens ten years after its issue, or falsifying data, can have consequences. Specifically, Law 8/2013 on urban renovation, regeneration and renewal provides for penalties of 300 euros to 6,000 euros for those who break the law. So, before announcing the sale or rental of the property without this document in force, contact a certifying technician who inspects the building and installations of your property and issues the certificate must be registered with the competent body.
If you require any assistance or legal counsel concerning properties, purchases and sales on the islands of Mallorca, Menorca and Ibiza, please contact us at your convenience at info@mallorcasolicitors.co.uk or by phone on the numbers listed on our contact page.
