Mandatory energy saving measures

The Council of Ministers has approved a package of emergency measures aimed at reducing gas consumption agreed by the EU, as the war may lead to a decrease in Russian gas supplies.

Therefore, according to EU requirements, companies and enterprises must reduce gas consumption by 7%. Energy saving measures are mandatory for these companies and voluntary for households, although they are advised to limit their energy consumption.

What measures do companies have to follow? 

The main energy consumption reduction measures affecting the company are as follows:

– Obligation to regulate air conditioning and heating so that it does not exceed 27 degrees in summer and 19 degrees in winter.

– Maintain ambient humidity between 30% and 70%. – Turn off lights in commercial premises after 22:00 hours.

– Create an effective system of closing doors in rooms with direct access to the street when cooling and heating systems are operating. – If the last time was before 1 January 2021, a special energy efficiency check should be carried out.

In addition, companies are required to:

– Display posters promoting the new law and the measures you will take. – Display the set temperature and humidity limits on a monitor or other device.

– In both cases – signs and displays – must be visible from the entrance or passageway. It should be noted that all these measures are in addition to those already set out in the Thermal Equipment Regulations for Buildings (RITE).

There have also been calls for large companies to promote teleworking, claiming that it can save energy for travel and buildings.

Who will be affected by the energy efficiency regulation?

The Royal Decree states that, in terms of temperature regulation, it must be implemented in all buildings used for:

– Administration: including offices, lobbies and common areas.

– Commercial: shops, supermarkets, department stores and shopping centres or similar.

– Culture: theatres, cinemas, auditoriums, congress centres and exhibition halls.

– Public shows and entertainment.

– Catering: bars, restaurants and cafeterias.

– Personnel transport: stations and airports.

With regard to temperature restrictions, the Royal Decree provides for the following exceptions:

– Hospitals, health and care centres
– Schools and training centres
– hairdressers
– Self-service laundries
– Gymnasiums
– Transport (but not stations)
– private hotel room (but must be shared with other rooms)
– establishments requiring exemptions due to working or industry-specific conditions.

Therefore, facilities or institutions not included in this list should justify that they do not apply temperature restrictions. This justification should be based on the protection of the health of workers or users.

On the other hand, lighting restrictions will not apply to monuments that are not public buildings, especially if there are still visitors during this period.

What is the deadline for the implementation of the energy saving programme?

The regulation sets different deadlines for the measures that companies must implement.

– Temperature and Lighting: These measures must be implemented on 2 August, 7 days after the publication of the BOE. Therefore, from 9 August 2022, all companies will have to comply with the new heating and lighting regulations. The rules will be in force until 1 November 2023.

– Information obligation: Facilities must announce new rules and set temperature limits through signs, displays and other equipment. These visibility elements must be implemented by 2 September 2022 and remain in place until 1 November 2023.

– Door closures: As of 30 September 2022, all establishments with direct access to the outside must have an automatic door closure system.

What are the penalties for not following the energy saving programme?

Although the decree does not directly mention penalties, it states that the provisions of the Regulation on Heating Equipment in Buildings (RITE) will apply. The law defines three types of criminal offences:

– Minor, with a fine of up to 60,000 euros.

– Serious, with a fine of up to 6 million euros.

– Very serious, with a fine of up to 100 million euros.