Energy certificates for all hotels and vacation rentals too.

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costa-brava
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Post by costa-brava »

We have to go back to the ABC rule of police training. Assume nothing; believe nothing; check everything. I have checked again through the new legislation and it now appears to me that it substitutes the previous legislation rather than being additional to it (like I had assumed).
In the section describing what and who it applies to is this:
a) Edificios de nueva construcción.
b) Edificios o partes de edificios existentes que se vendan o alquilen a un nuevo arrendatario.
So (a) is buildings of new construction and (b) is buildings or parts of existing buildings that are sold or rented to a new tenant.
Every time you rent to a holiday guest they have to be considered a new tenant. Later in the section on exemptions there is no mention of 4 month rentals. Additionally, throughout the whole edict there is no mention specifically about holiday rentals. There is mention of large buildings dedicated to tourism.
So to sum up, I now believe that both myself and Joddle's lawyer have been mistaken. I now believe that even though you only rent for a week or two, you must by next June have a certificate which should be visible in your house/flat and should be visible in all forms of advertising and in each individual contract of rental to your guests.
So I think that in the meantime everybody should get a certificate.
And Joddle, you probably already know my opinion about Spanish lawyers.
I really do not believe that owners should go on gaily assuming that for them the certificate is not necessary. It will cost 100-150 euros. The fine will be between 300 and 600 euros. And most owners will be considering selling at some time within the 10 year life of the certificate.
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CSE
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Post by CSE »

joddle wrote:Whilst I could see what you are getting, I approached my lawyer again making the point you have brought up and this is the gist of what he replied.

Whilst the matter of exemptions it is not mentioned the new Royal Decree 390/2021, it eliminates the exemption for buildings with a use of less than 4 months of the year, only when they are being considered for new certification. Therefore, if you have a new contract, you must obtain it. For ones already in force in 2021, it is not necessary.
I am glad you have found a solution for yourself.
However, most vacation rentals will not limit themselves to a 4 month period. That will never cover from say Easter to the end of August. The "season" is far longer than that.
Then there is the issue with advertising on some portals. They are obviously asking for CCAA. I will expect other portals will sooner or later follow suit.
Never try to out-stubborn your guests.
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joddle
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Post by joddle »

The point being for me I only rent for the summer!! - the property is used by family for the rest of the year so what my lawyer has said was correct for me. And as indicated I will get an energy cert anyway in the new year as so many portals require it!
I don't profess to own anything here apart from my own opinion.
costa-brava
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Post by costa-brava »

Check if for yourself. I have zipped the first three parts of the decree through the Google translator. It's fairly good. You will see that there is no mention at all of holiday rentals but it does talk about large buildings (500 sq/m plus) that are built for holiday lets as a business. It speaks about a certificate being necessary for a new let and I believe that means every time you do a contract your certificate must be visible.
There is a section on exemptions but there is nothing about 4 months. I think the important point here is in what it doesn't say.
You will also see in the preamble that it replaces the previous decrees. Have fun!
https://www.scribd.com/document/5375392 ... e-390-2021
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