Who Pays the Energy Certificate for Tenants in Spain

If you are a tenant in Spain wondering who must pay for the energy performance certificate (EPC), this text explains in plain language what the rules say and what you can ask from the owner. The EPC is a technical document that reports on a dwelling's consumption and efficiency and must be available when a property is offered or rented. In practice, the responsibility to request and pay for the certificate usually falls on the property owner, although private contracts may agree otherwise. Here you will find practical steps, deadlines and what to do if the owner does not comply, to defend your rights as a tenant in Spain.

Responsibility for paying the EPC

The property and certification regulations assign the obligation to obtain and provide the EPC to the property holder when the dwelling is marketed. In most rental contracts, the owner must contract and pay for the EPC and provide it to the future tenant or display it in the listing. If the contract agrees otherwise, the private agreement prevails as long as it does not contravene public order.^[1]

What the tenant can claim

If the EPC is not provided, the tenant can request its delivery in writing or demand information about the rating. Keep written requests and copies.

• Request the EPC in writing from the owner.
• Ask for a copy of the certificate and the energy label before signing the lease.
• Keep evidence: messages, photos of the listing and communications.

Special situations

There are cases where the contract stipulates that certain maintenance or improvement costs are borne by the tenant, but the EPC is a legal requirement linked to the property, not the occupant. If a contract attempts to permanently transfer to the tenant the obligation to obtain the EPC, that clause may be challenged under applicable rules.^[1]

What to do if the owner does not provide the certificate

If the owner does not provide the EPC after requesting it, follow these practical steps to protect yourself as a tenant.

1. Send a written, documented request asking for the certificate and setting a reasonable deadline for delivery.
2. Keep copies of messages, listings and the request to create a record of non-delivery.
3. If there is no response, consult the municipal housing office or legal advice and consider claiming before the Court of First Instance if appropriate.

Preguntas frecuentes

Can the owner charge me the cost of the EPC?

Generally, the owner should bear the cost; if the contract stipulates otherwise, the private agreement may prevail unless it contravenes the law.

Can I refuse to pay if the contract requires the tenant to pay?

If the clause is abusive or contrary to the rules, you could challenge it; seek advice and keep documentation.

What happens if there is no EPC in the listing?

The absence of an EPC in listings can be grounds to request information and, if appropriate, file a complaint with the competent authority.

How to

1. Request the EPC from the owner in writing and set a reasonable deadline for delivery.
2. Gather and keep all documentation: listings, messages and receipts.
3. Contact the municipal housing office or a consumer advice center for guidance.
4. If there is no solution, consider filing a claim at the Court of First Instance with the documentation.

Help and resources

• Consolidated text of Law 29/1994, Urban Leases
• Royal Decree 235/2013 on energy certification
• Ministry of Justice - Information and procedures

1. [1] BOE - Consolidated text of Law 29/1994, Urban Leases
2. [2] BOE - Royal Decree 235/2013, approving the basic procedure