New Law from 1st December relating to Energy Certificates – Property & Real Estate – Expats Portugal Community Forum
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New Law from 1st December relating to Energy Certificates

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(@chas-linda)
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Posted under Red Tape as well
Current Law requires you to present an Energy Certificate as part of paperwork for Escritura.

New Law from 1st December 2013 requires anyone selling a property with a Registered Portuguese Estate Agent to have a valid Energy Certificate, agents cannot list and advertise property without one, fines applicable on owner & agent

" From December 1, 2013 it is mandatory that any commercial advertising a property for sale or lease indicate the energy efficiency class , under penalty of being fined both the owner as the mediator estate.
Paragraph 2 of Article 14 and Paragraph 1 of Art . 20 of Decree-Law 118/2013 of 20 August 2013"

http://www.era.pt/campanhas/certificado ... tico_pt_10

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(@garysandra)
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Chas will this certificate also be required if renting out a domestic property?

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(@jayjan)
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and the fines for not having one if you want to sell your property are ridiculous:
Energy Rating Certificate now required by law: (Decreto-Lei n º 118/2013 , de 20 de Agosto).

This new legislation states that all properties being advertised for sale must have an Energy Rating Certificate. If this is not in place by 1st December 2013 the property must be taken off the market. The certificate costs approximately €250, but varies according to the size of the property, once issued the certificate is valid 10 years.

From 1st December 2013, marketing a property without an Energy Rating Certificate could result in a fine of up to €3,740 for home owners and up to €44,890 per property for the estate agents!
I would also think when this becomes law that the cost of an energy certificate being supplied for a property will rise substantially

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(@chas-linda)
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Chas will this certificate also be required if renting out a domestic property?

Certificate is required and has been since 2009 if you lease your property, I do not believe it to be part of AL licence requirements for holiday, B&B letting

Jayjan, you could take the view that unlike the UK, PT Gov hasn't introduced this element of the EU Co2 emissions policies & ratings until now, but either way the owner has had to supply the certificate since 2009, yes fines are high why :?: because unless they are there then these things are ignored, by everyone mainly agents :(

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(@jayjan)
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thanks for reply. End of day you have to put your trust in a reliable agent to market your property then, as if they don't inform you of the requirement you could be up for a fine if found out through no fault of your own. (meaning if the person selling is not aware that the energy certificate is mandatory for marketing the property, possibly some folks won't have any idea that it is required especially if they live in other countries and don't keep up with the internet, forums and news)
I can understand the fines in one respect to make you comply but still feel they are utterly OTT.

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