With the entry into force, 06/06/2013, of Decree Law 63/2013 concerning urgent provisions for the implementation of Directive 2010/31/EU of the European Parliament in the field of energy performance of buildings, compared to the classic ACE, energy performance certificate, change a few things.
First, with the entry into force of this Decree, are fixed penalties for offenders. In fact, while up to now there were rules but had not understood what it would encounter the offender and especially if there was a real offender has now been clearly identified the offender and also to what will meet.
As interest below will highlight the points of the DL which prove to be our closest interest, and then observe that:
a) The energy performance certificate (ACE) changed its name to Energy Performance Certificate (EPAs);
b) in sales contracts and new leases must be inserted a clause by which the buyer or the tenant giving notice of receipt of the information and documentation, including the attestation, with indication of the energy performance of buildings;
c) in the case of an offer to sell or lease the corresponding ads through all the commercial media (newspapers, Internet sites, bulletin boards, flyers, etc.) will return the index of energy performance of the building envelope and global building or building unit and the corresponding energy class.
Now let’s see what happens in the light of the new DL: 1.In the case in which the act of sale or a new lease, do not contain the clause described above to the letter “b”, you can seek the annulment of the act or the contract and the seller or lessor shall be punished with a penalty of not less than € 3,000 and not more than € 18,000 in respect of the omission in the act of sale, from 300 € to 1800 € for the lease; 2. regarding the penalties for omissions to the letter “c”, and therefore an aspect that is particularly the real estate, the penalties for the omission is not less than € 500 and not more than € 3000 for each ad. The penalty also applies to individuals who publish ads on your own, or make the sign (sell-rent) out from the building or in any other place is advertised, even a poster in a bar, so to speak; 3.Sugli assignments of lease and sale, and purchase orders, contracts being too, must be given the energy performance index and the energy category of membership, otherwise s’incorre the same punishments above, and be clear, in this case the real estate agency takes the same position in the sale of the buyer and tenant in the lease.
Furthermore, it is not enough that real estate agents, sellers and renters, give numbers to the “lot” in fact will have to deliver, as appropriate, to the agency, promising the buyer or promising conductor, the EPA certificate with indication of ‘index of performance shall be disclosed before any contractual obligation it is between the private and the real estate agency and between private individuals themselves.
In conclusion, real estate agents, will have to upgrade their properties according to the DL 63/2013, and until then suspend any form of advertising on real estate without the EPA.