Summary
Details
- Spain
RD 390/2021 is legally binding and creates specific obligations for building owners, developers, landlords and agents.
Key obligations include:
Obtain a valid energy performance certificate for buildings or units prior to sale or rent.
Use authorised technicians and methodologies recognised by the decree.
Register the certificate with the competent regional authority, which then issues the official energy label.
Include the energy label in all offers, advertising and marketing for sale or rental (online listings, brochures, signage, etc.).
Provide the certificate to buyers or tenants and attach it to sale contracts where required.
Exceptions:
The decree lists several exemptions, including:
Detached buildings with a total useful floor area below 50 m², if physically isolated.
Buildings or parts of buildings used less than a certain number of days per year with low expected energy consumption, subject to conditions.
Industrial, defence and agricultural buildings with low energy demand related to human occupancy.
Buildings purchased for demolition or major renovation, under specific conditions.
Tourist accommodation that is effectively rented as housing has been brought into the scope, closing a previous exemption that applied under the older regime.
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What’s Required
Real Decreto 390/2021 sets the rules for energy performance certification of buildings in Spain. It requires most buildings, or building units, to have an Energy Performance Certificate (Certificado de Eficiencia Energética) when they are sold, rented or advertised, and to display the energy label in marketing materials.
The decree transposes EU requirements and standardizes how energy performance is calculated, labelled and communicated to buyers and tenants.
Important Deadlines
The decree has been applied since 2021 and replaced the previous RD 235/2013.
From its entry into force, new and existing buildings within scope must obtain certificates before sale or rental.
Ongoing obligations: update certificates when they expire (typically after 10 years) or when major renovations significantly change energy performance.
Current Status
RD 390/2021 is fully in force and widely applied in real estate transactions and rentals.
Regional authorities manage certificate registration, inspections and, where applicable, enforcement.
The decree aligns Spain with evolving EU building-performance requirements and supports broader renovation-wave and decarbonization strategies.
Penalties for Non-Compliance
Fines may be imposed for selling or renting without a valid certificate, failing to register certificates or misusing the energy label.
Advertising a property without showing the required energy label can trigger sanctions.
Misleading or false labels, or using non-compliant symbols, may also lead to penalties.
The exact amount and classification of infringements are defined in building and housing legislation and enforced by regional authorities.
Examples of Known Violations
Practical experience shows:
Landlords and property owners sometimes overlook certification for rentals, particularly in small properties and tourist lettings, leading to corrective actions.
Property listings without energy labels are still common in some markets, creating a focus area for enforcement campaigns.
Detailed sanction data is largely managed at the regional level and is not centrally published.
Resources
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