Mandatory EPC for Tenants in Spain
As a tenant in Spain, it is important to know when the Energy Performance Certificate (EPC) applies to your rented dwelling and what rights you have. This text clearly explains which properties must have the EPC, when the landlord must provide it when signing or renewing a contract, and how to use it to negotiate terms or make claims about habitability issues. It also details practical steps to request information, what documentation to keep, and which deadlines to meet if you receive an official notice. Official legal references and resources help you act with confidence and defend your rights as a tenant. Always check.
When is the EPC mandatory in rentals?
The EPC is a document that assesses a property’s energy performance. In general, regulations require the certificate to be available in offers and contracts for the sale or rental of dwellings for informational transparency purposes. For rental properties, the landlord must have the EPC and provide a copy to the tenant when the contract is signed or when it is advertised in commercial listings.[1]
What must the landlord deliver and when?
The landlord must provide the signed and registered EPC if there is a legal obligation according to the autonomous community or applicable sectoral rules. In practice, delivery should occur when signing the contract or before formalization, and it is recommended to keep a copy together with the contract and receipts.
What to do if the EPC is not provided?
If you do not receive the EPC, request in writing that the landlord provide it or relevant information. Keep the request and any communications: they will serve as evidence if you need to file a complaint or go to consumer services or court. If you have doubts about the obligation in a specific case, consult the autonomous regulations or seek legal advice.
Practical use of the EPC for tenants
- Check the energy rating to estimate possible heating and cooling costs.
- Include the EPC copy among the documents you store when signing the contract.
- If the EPC shows deficiencies, notify the landlord in writing about needed improvements.
Deadlines and complaints
Always respond within the deadlines specified in any official notice; if there is no response, keep a record of communications and consider going to consumer services or the courts. For eviction processes or other civil actions, procedures are regulated by the Civil Procedure Act and are processed in the Court of First Instance.[2]
Frequently asked questions
- Is there a cost for the tenant to request the EPC?
- No, requesting a copy of the EPC from the landlord does not cost the tenant; the document must be provided by the owner.
- Can I refuse to pay if the EPC shows poor efficiency?
- It is not advisable to stop paying rent; consider negotiating or requesting corrective actions and, if appropriate, filing an administrative or civil claim without breaching the contract.
- Where can I consult the regulations that require the EPC?
- You can consult state and regional regulations on the BOE and the official justice and consumer portals to know specific obligations.
How to
- Request the EPC in writing from the landlord before signing or when renewing the contract.
- Keep the EPC copy together with the contract and payment receipts.
- If there is no response, file a complaint with your regional consumer service or seek legal advice.
Key takeaways
- The landlord must provide the EPC for sale and rental as a transparency obligation.
- Keeping the EPC and communications protects your rights as a tenant.
- If the EPC is not provided, use consumer resources or legal channels as appropriate.
Help and resources
- [1] BOE - Consolidated text of the LAU and applicable regulation
- [2] Ministry of Justice - Civil procedures and templates
- [3] Judicial Branch - Information on courts and procedures
