Mandatory energy-saving measures for businesses.

The Council of Ministers has given the green light to an urgent package of measures aimed at reducing gas consumption, as agreed within the European Union in view of a possible cut-off of Russian gas supplies as a result of the war.

Accordingly, businesses and retailers will have to reduce their gas consumption by 7%, as requested by the European Union. The energy-saving measures will be mandatory for these businesses and voluntary for households, although households will be advised to limit their energy consumption.
What measures must businesses comply with?
The main measures aimed at reducing energy use that affect businesses are as follows:
• An obligation to set air conditioning and heating so that they do not exceed 27°C in summer or 19°C in winter.
• Ensuring ambient humidity of between 30% and 70%.
• Switching off shop window lighting in commercial establishments from 10:00 p.m.
• Installing an effective door-closing system in establishments with direct access to the street when cooling and heating systems are in operation.
• Carrying out an extraordinary energy-efficiency inspection if the last one took place before January 1, 2021.
In addition, businesses must:
• Display signs providing information on the new law and the measures it establishes.
• Display the temperature and humidity limits on screens or other devices.
• In both cases (signs and screens), they must be visible from the entrance or access point.
It is important to note that all these measures are in addition to those already established by the Regulation on Thermal Installations in Buildings (Reglamento de Instalaciones Térmicas en los Edificios, RITE).
Large companies have also been urged to encourage remote working, citing the savings this entails in commuting and in energy consumption in buildings.
Who is affected by the energy-saving rules?
The Royal Decree-Law provides that, as regards temperature regulation, it must be implemented inside all buildings used for the following purposes:
• Administrative: including office areas, lobbies, and areas open to the public.
• Commercial: shops, supermarkets, department stores, and shopping centers or similar.
• Cultural: theaters, cinemas, auditoriums, conference centers, and exhibition halls.
• Public entertainment and recreational activities.
• Hospitality: bars, restaurants, and cafés.
• Passenger transport: stations and airports
As regards the temperature limit, the Royal Decree specifies the following exclusions:
• Hospitals, healthcare centers, and care facilities
• Schools and training centers
• Hairdressers
• Laundries
• Gyms
• Means of transport (but not stations)
• Private hotel rooms (although the limits must be complied with in all other areas)
• Workplaces where an exemption is necessary due to sector-specific characteristics or working conditions.
Therefore, workplaces or establishments not included in this list must justify the non-application of the temperature limit. This justification must be based on the protection of the health of workers or users.
Furthermore, the lighting restriction will not apply to monuments that are not buildings for public use, particularly if people are still visiting them during those hours.

What are the deadlines for implementing the energy-saving plan?
The rules set different deadlines for the measures that businesses must put in place.
• Temperature and lighting: These measures must be implemented seven days after publication in the Official State Gazette (BOE) on August 2. Therefore, since August 9, 2022, all businesses must comply with the new temperature and lighting rules. These rules will remain in force until November 1, 2023.
• Information obligation: Establishments must provide information on the new rules and the temperature limits established by means of signs, as well as screens and other devices. These display elements must be in place before September 2, 2022, and must remain in place until November 1, 2023.
• Door closing: All establishments with a direct exit to the outside must have an automatic door-closing system before September 30, 2022.
What fines are imposed for failing to comply with the Energy Saving Plan?
Although the decree does not directly mention penalties, it does indicate that the provisions of the RITE will apply. This law establishes three types of infringements:
• Minor, with a fine of up to €60,000.
• Serious, with a fine of up to €6 million.
• Very serious, with fines of up to €100 million.