Royal Decree approving the basic procedure for certifying the energy performance of buildings

Royal Decree approving the basic procedure for certifying the energy performance of buildings
Dominican Republic, Santo Domingo 04/15/13

The requirements for energy certification of buildings,as set forth in Directive 2002/91/EC of the European Parliament and of the Council, dated December 16, 2002, were transposed in Royal Decree 47/2007, dated January 19, which approved a basic procedure for the certification of the energy performance of new buildings, leaving the regulation of the energy certification of existing buildings unresolved, which should be settled through a complementary provision.

Directive 2002/91/EC of the European Parliament and of the Council, dated December 16, 2002, was later amended by Directive 2010/31/EU of the European Parliament and of the Council, dated May 19, 2010, …

Directive 2002/91/EC of the European Parliament and of the Council, dated December 16, 2002, was later amended by Directive 2010/31/EU of the European Parliament and of the Council, dated May 19, 2010, concerning the energy performance of buildings, which, again, makes it necessary to transpose back to the Spanish legal system the modifications it introduces with respect to the amended Directive.

Although this transposition could be achieved through a new provision amending Royal Decree 47/2007, of January 19, which could also complete the transposition by covering the existing buildings, it seems relevant, for reasonsof administrative economy, that it be made througha single provision that combineswhat remainsvalid inthe Standard of2007, repeals and completes it, by incorporating the new legislationcontained in the new directive, and expands its scope to all buildings, including the existing ones.

Accordingly, this Royal Decree partially transposes Directive 2010/31/EU of the European Parliament and of the Council,dated May 19, 2010, with respect to the certification of the energy performance of buildings, combining Royal Decree 47/2007, of January 19, with the addition of the basic procedure for the certification of the energy performance of existing buildings, also taking into consideration the experience gained through its application during the past five years.

The decree establishes the obligation to make available to the buyers or users of the buildings a certificate of energy performance which must include objective information on the energy performance of a building and reference values,??such as minimum energy requirements, in order for the owners or tenants of the building or unit thereof to compare and assess their energy performance. The minimum energy performance requirements for the buildings or units thereof, are not included in this Royal Decree, given that they areestablished in the Technical Building Code. Thus, assessing and comparing the energy performance of the buildings will promote energy-efficient buildings and energy-saving investments. In addition, this Royal Decree contributes to report onthe CO2 emissions resulting from using energy from emission sources located in the residential sector, thus facilitating the adoption of measures to reduce the emissions and improve the energy rating of the buildings.

Reviewthe Official State Gazette of Saturday, April 13, 2013.