All rental properties should consider obtaining an EEC

SPARKS SAYS renters should avoid having their property put under a magnifying glass and obtain an Energy Efficiency Certificate. Here’s the reason why…

Exemptions for the EEC are stated in article 2.2 of the Royal Decree:

“Buildings for housing or parts of existing buildings, the use of which is less than four months a year, or for a limited time of a calendar year, or with an energy consumption forecast to be less than 25% used throughout year.” The article also stipulates, “It will be the responsibility of the owner to keep a record.”

General legal advice currently being given to renters is that if you rent a property for "less than four months a year" you are exempt from obtaining an EEC. However, the article does not equivocally state that if you rent a property for "less than four months a year" it is completely exempt… there are other factors to consider.

The energy consumption of a building used for four months of the year will be more than 33%. To "forecast energy consumption less than 25%" only covers the building for up to three months a year. Holiday tenants also tend to consume more energy than average.

Show me an owner that will “keep a record” and I’ll show you a property on the Costa Blanca with an A energy rating.

Do you really want to have to prove to a government official how many weeks a year the property is let? Do you really want to permit a government official access to your tenancy records? Do you really want to argue a case, even if you are right, knowing a government official will have the final word on whether or not to penalize you?

Would it not be preferable to avoid confrontation and just obtain an EEC? (Something called “covering your arse” where I come from). The certificate is valid for 10 years and could save a lot of aggravation.

There are a lot of “what if’s”, however the letter of the law for rental properties is not simply a case of “less than four months a year.”