The requirements relating to the energy certification of buildings established in Directive 2002/91/EC of the European Parliament and of the Council, of 16 December 2002, were transposed into Royal Decree 47/2007, of 19 January, which approved a basic procedure for the certification of energy performance of new buildings. Subsequently, Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 has been amended by Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings, a circumstance that has forced the amendments it introduces with respect to the amended Directive to be transposed back into Spanish law.
Although this transposition could be carried out through a new provision that modifies Royal Decree 47/2007, of January 19, and that at the same time completes the transposition contemplating existing buildings, it seems pertinent that it be carried out through a single provision that recasting the validity of the 2007 standard, repeals and completes it, incorporating the novelties of the new directive and extending its scope to all buildings, including existing ones.
Consequently, this Royal Decree partially transposes Directive 2010/31/EU of the European Parliament and of the Council, of May 19, 2010, regarding the certification of energy performance of buildings, recasting Royal Decree 47/2007, of January 19, with the incorporation of the Basic Procedure for the certification of energy efficiency of existing buildings.
This Royal Decree 235/2013, of April 5, which approves the basic procedure for the certification of the energy efficiency of buildings, entered into force the day after its publication in the Official State Gazette nº 89 (13/04/2013), being voluntary its application until June 1, 2013. From that moment, the presentation or making available to buyers or tenants of the energy performance certificate of all or part of a building, as appropriate, will be required for contracts of sale or lease concluded from that date.
General register of recognized documents for energy efficiency certification. In accordance with article 3 of the aforementioned Royal Decree, this Registry is created in order to facilitate compliance with this basic procedure. It is attached to the Secretary of State for Energy, Ministry of Energy, Tourism and Digital Agenda, having a public and informative nature. In the aforementioned Register are all those documents that have received joint recognition from the Ministries of Energy, Tourism and Digital Agenda and Development, and has been structured according to the application that corresponds to each recognized document.
Energy efficiency label. Obtaining the energy performance certificate will grant the right to use, during the period of validity of the same, the energy efficiency label, whose contents are included in the recognized document corresponding to the energy efficiency label, available in the General Registry. The label shall be included in any offer, promotion and advertising aimed at the sale or lease of the building or building unit. It must always appear on the label, clearly and unambiguously, if it refers to the energy performance certificate of the project or the finished building. Advisory Commission for the certification of energy efficiency of buildings. Article 15 of the same establishes the permanence of the Advisory Commission for the certification of energy efficiency of buildings as a permanent collegiate body that depends organically on the Secretary of State for Energy of the Ministry of Industry, Energy and Tourism. Its mission is to advise the competent Ministries on matters related to energy certification. Source: https://energia.gob.es/desarrollo
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