The current regulations on energy efficiency, with respect to real estate, which has been enacted by the EU in the last decade and has been received in our legal system now has a new update. The Royal Decree 390/2021 that follows the directives (EU) 2018/844/, 2010/31/EU and 2012/27/EU updates our legislation by incorporating new definitions and establishing certain obligations for those acting within the real estate sector.

The three guidelines taken into account by the new Decree, which comes to modify 235/2013, are: updating the content of the energy efficiency certification, promoting the quality of the same and above all the obligation for real estate companies to present the energy efficiency certificate in real estate rental or sale transactions.

The new decree establishes, in its article 2, the procedure for setting the figures for the certifications, as well as the competent technicians to carry them out. Article 3 establishes the scope of application: newly constructed buildings, buildings that are sold or rented to a new tenant, public administration buildings or those in which renovations or extensions are carried out. The procedure must be supported by recognized documents and be registered in the General Register.

The energy efficiency certification, which will be valid for ten years according to article 13 or five years in case the energy rating is G, consists of the certificate, energy efficiency label, evaluation report and supporting documents. Finally, recommendations for the user. The owner of the building will be responsible for renewing or updating it.

Article 15 in its paragraph 2 states: "The energy efficiency label shall be included in any offer, promotion and advertising aimed at the sale or lease of the building or part thereof."

On the other hand, Article 17 in its paragraph 3 establishes the obligation of any natural or legal person who publishes information for the purpose of selling or renting a building, or part of it, either in agencies, web pages, portals, catalogs, specialized press and advertisements on public roads to include the information related to the energy efficiency rating.

Articles 18 and 19 refer to the body responsible for the application of the law, the Advisory Commission for the certification of the energy efficiency of buildings, establishing its purpose, functions and composition.

It establishes in its additional provisions that, within twelve months from the entry into force of this Royal Decree, the competent body of each autonomous community will adapt the database for energy efficiency certificates.