Can a real estate agency offer or advertise a property for sale or rent (for longer than 4 months) without having the energy performance certificate?
Article 12.2. makes it clear that the energy label “will be included in all offers, promotions and advertising, aimed at selling or renting a building or a unit of buildings”. Therefore, the display counters of the real estate agencies, as well as the Internet web sites, must feature the energy labels, as one of the characteristics of the property or business premises.
What fine may result in a breach of the regulations?
Advertising the sale or rent of buildings or units of buildings that must have an energy performance certificate without mentioning the energy performance (small fine) carries a fine of 300 to 600 Euros, and in the case that the the agency has obtained a commission as a result of the infringement of a benefit greater than the amount of the fine, the same may be equivalent to the amount obtained http://boe.es/boe/dias/2013/06/27/pdfs/BOE-A-2013-6938.pdf
Is it possible for the owner to be held accountable?
In principle the responsibility will fall on the one committing the infringement, in this case using advertising without the inclusion this information about the energy performance. Anyhow, this does not mean that it can be agreed in the sale authorization agreement, that in case there is a fine for not mentioning the energy performance certificate, the real estate agency can claim the amount from the owners, once the fine has been paid.
Have disciplinary proceedings been undertaken?
When a new law is approved, the Administration usually turns a blind eye for some time. In any case it is under autonomous jurisdiction. What we do know is that in Navarra inspections have been carried out.
Can the case of “processing documentation” serve to exempt from liability?
We understand that the answer is no. Although it may be possible claim ‘processing documentation’ in order to mitigate any fines imposed.