1. What is it?

The ENERGY CERTIFICATE is one of the documents that needs to be presented for the sale of a property, which contains the energy efficiency of the building, on a predefined scale of 8 classes from A+ (very efficient) to F (inefficient), similar to what happens with household appliances.

It is issued by Qualified Experts certified by the Energy Agency (ADENE), which is the public body regulating the energy certification of buildings.

Obtaining the Energy Certificate and its presentation when entering into sales, rental or lease agreements is already mandatory in Portugal since December 2013, with the entry into force of Decree – Law No. 118/2013, of 20 August, and failure to comply with this rule constitutes a punishable offense, and may also give rise to the application of additional sanctions.

  1. What is it used for?

The primary objective of the Energy Certification System for Buildings (SCE) is to present a set of relevant information on the Energy Performance of Buildings, specifically:

  • Inform about the Energy Performance of the property, classifying it so that the consumer can compare information from different properties, and choose according to the Energy Class, knowing that the higher the class, the greater the energy savings it will have;
  • Present a set of Improvement Measures, identified by the expert in the Certificate itself, which, corrected, lead to the improvement of housing comfort, reduction of energy consumption and, consequently, the improvement of Energy Efficiency and respective classification;
  • Identify the technical components and systems of buildings, gathering in a single document all the information related to their energy performance.

Decree Law No. 101-D/2020, of 7 December, in force since 1 July 2021, which repealed Decree-Law No. 118/2013, of 20 August, established new rules that buildings must verify in their design or renovation, in order to ensure and promote the improvement of their energy performance, thermal comfort and indoor air quality.

  1. Scope of application.

Subject Buildings and Exempt Buildings

  1. BUILDINGS (covered construction, intended for human use and fractions capable of independent use) are generally subject, at the time of SALE, PAYMENT IN COMPLIANCE, LEASE OR TRANSFER, except between co-owners, to the lessee, arising from executive proceedings or insolvency, or for demolition (prior confirmation by the Chamber).
  2. The following are exempt:

2.1 Single-family buildings with floor area equal to or less than 50m2;

2.2 Non-residential industrial, livestock and agricultural installations;

2.3 Storage: it is not necessary because it is not considered a building;

2.4 Warehouse without human presence;

The Qualified Expert will have to certify the criterion of “human presence on site”.

2.5 Building in ruin;

To prove this fact, a certificate from the respective City Council, Certificate of Land Registry, issued by the General Tax Directorate, or Finance or, in the last case, a Provisional Certificate of Ruin, issued by the Qualified Expert (PQ), will be sufficient.

2.6 Parking NOT COVERED OR COVERED and NOT CLOSED; can be dispensed with the booklet.

2.7 COVERED and CLOSED parking;

In these cases, a statement by the Qualified Expert will always be necessary to prove whether or not there is air conditioning.

If it has air conditioning, it is mandatory to present the Energy Certificate.

If it does not have air conditioning, it is excluded from the Energy Certification System.

If the Energy Certificate, being of mandatory presentation, is not presented, the Attorney may not refuse the act, but must state in the act itself the mention that the grantors were warned of the obligation of the same and that failure to comply with this rule constitutes a punishable offense, and may also give rise to the application of additional sanctions, under the terms of Decree Law No. 101-D/2020, of 7 December.

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