Energy certification – Exemption

When we talk about the exemption of energy certificates, we refer to the situation who is exempted or free to pay fees to the energy agency (ADENE), or in some cases the fact of being exempted from requesting the energy certificate.

We start with the first situation, the exemption of fees from ADENE. When you request an energy certificate, you will usually have two associated costs. The cost for the expert’s service which can normally vary from company/expert and agency fees pay for energy depending on the typology of your property or depending on the size of the commercial space.

See here for more information on energy certificate prices. In this first case, there are two situations that must be taken into account. If you already have an energy certificate with a 10-year expiration date and you have implemented measures to improve the energy class of the building to a minimum of “B-” you are exempt from paying the fees to the energy agency.

Regarding the other case, if your building is considered ruin or better explained, without habitability conditions, it is also exempt from paying fees to ADENE. However, there are more situations that lack energy certificates that we will see next.

Exemption of energy certificates.

• Industrial, livestock or agricultural non-residential facilities with reduced needs of energy or non-residential use by sector covered by the national sectoral agreement on energy performance;- Buildings used as places of worship or for religious activities;
• Buildings or fractions intended exclusively for non-air-conditioned parking, workshops and to warehouses where human presence is not significant, not occurring for more than 2 hours /day and not representing an occupation of more than 0.025 persons / m2; (Decree-Law no. 251/2015 of November 25th);
• Single-family buildings in so far as they constitute autonomous buildings with a less than 50m2;
• Commercial buildings and empty services, until their sale or lease after entry into force of the present diploma;
• The buildings in ruins;
• Military infrastructures and buildings related to information systems or security forces and services. which are subject to control and confidentiality rules;
• Commercial buildings and services included in installations subject to the regime approved by Decree-Law No. 71/2008, of April 15, amended by Law No. 7/2013, of January 22;
• Sale or delivery in compliance with co-owners, to renters, in an executive proceeding, the entity expropriating or for total demolition confirmed by the competent licensing authority; “

Other additional situations:

• Donation and inheritance contracts, since they relate to a non-costly transaction of the building;
• The sale of fractions or buildings in insolvency proceedings, while the extensive interpretation of the exception foreseen for the executive processes;
• Out-of-pocket contracts in which there is only the transfer of equipment or services (this exclusion does not apply when the trespass agreement also covers the transmission of space physical location where the establishment is located).”

The situations described above are therefore exempted from the obligations laid down in the SCE, the number of the energy certificate (s) in the contracts or of communication to ADENE of the
situations of no evidence of this (s).