Miracasas Informs: Exceptions to the Energy Certificate

Mira 20/06/2024

The Energy Certificate is a mandatory document if you intend to rent or sell your property. However, there are situations that exempt Energy Certification. Find out in this article if your property is among the exceptions.

The Energy Certification is a process that aims to evaluate the energy efficiency of a building, but not only! It is also thanks to this process that property owners can learn about the interventions that can be adopted, in order to improve the energy performance of the dwelling and reduce the associated costs.

However, there may be situations where this assessment does not make sense, leading to the Energy Certificate being waived in some cases. Even so, if there is no need to issue an Energy Certificate, it may be necessary to comply with other legal requirements that replace this document.

Situations that are exempt from the Energy Certificate

We know the Energy Certificate as a mandatory document for those who intend to sell or rent a property. However, there are some situations that exempt the Energy Certificate.

According to paragraph 2 of article 18 of Decree-Law no. 101-D/2020, of December 7, the following situations are exempt from the obligation to present an Energy Certificate:

• Single-family buildings, when they constitute autonomous buildings with a useful floor area equal to or less than 50 m²;
• Industrial, livestock, or agricultural non-residential installations;
• Workshops without current or planned energy consumption, associated with heating or cooling for human comfort;
• Buildings used as places of worship, namely churches, synagogues, mosques, and temples;
• Non-air-conditioned buildings exclusively intended for parking;
• Warehouses where human presence, real or planned, does not exceed two hours a day or does not represent an occupancy of more than 0.025 people per m²;
• Sales or deeds in lieu of foreclosure of buildings:
  • to co-owners;
  • to tenants;
  • to the expropriating entity;
  • arising from an executive or insolvency process;
  • when carried out for their total demolition, subject to prior confirmation by the competent licensing entity.
• Non-onerous transfers, such as donations, legacies, and inheritances;
• Leases of the landlord´s habitual residence for a period of less than four months;
• Leases to the previous tenant of the building, immediately before the new legal transaction;
• Large commercial and service buildings that are not in operation, provided that there is no sale, deed in lieu of foreclosure, lease, or transfer;
• Ruined buildings;
• Military infrastructures and buildings subject to control and confidentiality rules, namely those assigned to security forces and services or information systems;
• Commercial and service buildings included in facilities subject to the regime approved by Decree-Law no. 71/2008, of April 15.

The classification of a property in the exemption from the obligation of Energy Certification is guaranteed by the respective official documentation. If this information is not sufficient, the exemption from the obligation of Energy Certification is guaranteed through a declaration issued by a Qualified Expert.

Does a ruin require an Energy Certificate?

A property is designated as a “ruined building” when it shows a state of degradation of its surroundings (exterior walls, floor, doors, windows, and roof) that, for the purpose of applying the Energy Certificate, makes it totally or partially unsuitable for its intended use.

According to ADENE, the Energy Agency, “if there is evidence that the property in question is in ruins or is vacant and does not have conditions to be inhabited or used without undergoing a rehabilitation/reconstruction work, this work involves a licensing process with the issuance of a Pre-Energy Certificate and respective Energy Certificate, then it is considered that the property cannot be used for housing or services”.

According to paragraph g) of article 18 of Decree-Law no. 101-D/2020 of December 7, buildings classified as “ruined buildings” are excluded from the Energy Certification System (SCE). Therefore, in the case of ruined buildings, an Energy Certificate is not issued.

However, a ruined building requires the mandatory issuance of a Provisional Declaration of the SCE. This document proves the current state of the property in question.

Similar to the Energy Certificate, the Provisional Declaration is issued on the SCE Portal by a Qualified Expert, but instead of providing the property´s energy rating, it classifies the building in question as a “ruined building”, based on evidence collected on-site and subsequently submitted on the appropriate portal.

Do I need an Energy Certificate to sell a property through an agency?

The answer is YES! Any property sale or lease advertisement must indicate the property´s energy class, which is listed on the valid Energy Certificate for the respective building. Thus, Energy Certification is an indispensable requirement to publish the sale or lease advertisement, even if you are doing it through a real estate agency.

Advertisements or transactions of buildings or fractions without an Energy Certificate are non-compliant and subject to fines. The fine amount can range between 250 and 3,740 euros for individuals, and between 2,500 and 44,890 euros for companies.

Therefore, before thinking about putting your house for sale or rent, the first thing you should do is request the Energy Certificate for your property!

I have a property from before 1951, is the Energy Certificate mandatory?

Buildings or fractions from before 1951, the date when the General Regulation of Urban Buildings (RGEU) came into force, are exempt from a usage license, unless the building has been altered, expanded, or rebuilt.

This exemption is often confused with the waiver of the Energy Certificate. However, the Energy Certificate is a mandatory document, even in this case. Why? Because a property whose construction date is prior to 1951 is covered by Decree-Law no. 101-D/2020 of December 7.

This Decree-Law approves the Energy Certification System for Buildings (SCE), the Energy Performance Regulation for Housing Buildings (REH), and the Energy Performance Regulation for Commerce and Services Buildings (RECS). Therefore, it is mandatory to present the Energy Certificate in sales or lease processes, even in properties from before 1951.

In summary

Even though there are situations exempt from the Energy Certificate, this document continues to be mandatory and indispensable in the process of selling or leasing a property.

Knowing the situations in which Energy Certification is exempt, you are able to make informed decisions about the need to request, or not, an Energy Certificate for your property.

We remind you that even if you do not want to put your property on the real estate market, the Energy Certificate can be an added value and it is worth considering requesting it. Since you can learn about improvements that, when applied, will make your home more efficient and may also result in tax benefits and reduced energy costs.

Learn about the benefits associated with Energy Certification!

Does your property not fall under the exceptions and need an Energy Certificate? Find out more.

For more information, contact Miracasas.