Connection to electricity services

Consumers of electricity have the right to obtain access and be connected to electricity transmission and distribution networks in Spain.

This right is specifically established in Law 24/2013 of 26 December 2013 on the Electricity Sector, and is subject to the fundamental conditions set out in Royal Decree 1047/2013 of 27 December 2013, and in Royal Decree 1048/2013 of 27 October 2013.

It is precisely this connection that permits consumers to be supplied. To be able to achieve this, they must contact the network manager in the area where that physical connection is or will be established

Communication with the distribution company is essential to resolve the issue of enabling a consumer to be connected to the distribution network, or, as the case may be, to the electricity network and all aspects related to it.

Consumers who are not covered by the Voluntary Price for Small Consumers (VPSC) may always choose to contact the distributor directly or, if they already have a supply contract with a supplier, they may also ask that supplier to do so on their behalf. Consumers who have contracted their supply with several suppliers simultaneously must contact the distributor directly.

In any event, all consumers are entitled to a free telephone assistance service provided by the network operator to which their installation is connected. The service operates 24 hours a day, and may be contacted when incidents arise affecting safety or the continuity of supply at the installation. This number must be clearly indicated on the invoices and must be provided to the consumer by the supplier or, where appropriate, by the network operator.

It should be noted that distribution and supply companies are different entities in the electricity sector. In this respect, Law 24/2013 of 26 December on the Electricity Sector, defines them as different subjects in the following way:

• Distributors are commercial companies or cooperatives of consumers and users. Their function is to distribute the power and build, maintain and operate the distribution facilities used to house the power at consumer points and all those functions set out in Article 40.
• Suppliers are commercial companies or cooperatives of consumers and users which, by accessing the transmission or distribution networks, acquire power in order to sell it to consumers, other system agents or to carry out international exchange operations under the terms established in this Law.

In relation to connection, consumers must pay connection charges.

Connection charges will include the following items:

• Charges for extension rights, for the new network extension facilities required that are the responsibility of the distribution company.
• Access charges.
• Supervision charges on transferred facilities, if the consumer decides on the direct execution and subsequent transfer of the facilities.

In addition, depending on the case, the consumer must pay for the following items, if they are necessary to execute the activities set out in the definition of said payments:

• Hook-up costs: the operation of connecting the receiving facility to the network of the distribution company, which is obliged to pay for this operation.
• Checking of the facilities: inspecting and checking that they comply with the regulatory technical and safety conditions.
• Actions carried out on measuring and control equipment: connection and sealing of the equipment, and all other actions performed on the same by the distribution company arising from the consumer’s decisions.

Lastly, and without prejudice to the above, once connected and as part of the electricity supply, the consumer must pay the respective transmission and distribution tolls and charges.

This will depend on whether the new consumer extends, maintains or reduces the contracted power supply.

If the consumer decides to extend an existing supply, they will be charged for this service extension and this includes paying the distribution company for carrying out all the work necessary to extend the supply. In this case, the cost of the service extension will be based on the power increase to the existing service.

If the consumer decides to reduce the supply or maintain the existing conditions, they only need to pay connection charges

In this case, the consumer must apply to the distribution company for a new connection.

As in the case of extensions to existing connections, this service also includes paying the distribution company for carrying out all the necessary work to set up a new supply.

Likewise, the consumer must pay for the costs of the connection, and for the testing and work on the metering and control equipment.

The above payments are separate from the fees and charges included in the electricity bill once the supply has started

To sign up for energy supply, a consumer may choose to:

• Enter into a contract on the free market with the supplier or suppliers of their choice.
• Enter into a VPSC contract with one of the reference suppliers designated by the Government. To do so, the consumer must comply with the requirements laid down in Royal Decree 216/2014 of 28 March.
• Purchase all or part of their energy directly on the wholesale electricity market. In this case, they are a Direct Market Consumer.

As a general rule, the supply contract, which must be concluded in writing, will be for a period of one year and tacitly renewed for further periods of the same length. However, the consumer and the supplier may freely agree on a period other than one year. A consumer covered by the VPSC may freely switch to the free market and vice versa.

As regards changes of supplier:

• Electricity consumers are entitled to change supplier within a maximum period of 10 working days from the date on which the contract is concluded. Exceptionally, that period may be extended by five working days in cases where complex field operations are required.
• The technical supplier-switching processes (understood as the technical processes to be carried out by the distributor from the time it receives a request to switch supplier until it sends notification of activation of the switch to the incoming and outgoing suppliers, excluding any possible field operations) should not take more than 24 hours and may be carried out on any working day. Where field operations are required, the process to be carried out by the distributor from the time it receives a request to switch supplier until it sends notification of the activation of the switch to the incoming and outgoing suppliers may take up to five working days.
• Consumers are entitled to know at any time the status of the supplier-switching process through any of the consumer service channels made available by the distributor and the supplier.
• The incoming supplier will take reasonable, appropriate and effective measures to ensure that the supplier switch has the consumer’s express consent. The consumer’s consent is recorded on a durable medium and stored for at least five years.

The procedure for switching supplier consists of the following steps:

1. The owner of the electricity supply point concludes a supply contract with a new supplier. The consumer may ask the incoming supplier to implement the switch on a specific date. If they do not do this, it is assumed that the switch must take effect as soon as possible.

2. The incoming supplier will request the distributor to make the switch (of supplier) within a maximum period of 24 hours (on a working day) from concluding the contract with the consumer.

3. The distributor will send the incoming supplier notification of the acceptance or rejection.

4. The incoming supplier may request the distributor to cancel the switch (of supplier). The distributor will assess whether the request is justified and will notify the incoming supplier, as appropriate, of the rejection or acceptance of the cancellation of the switch (of supplier) within a maximum period of five working days from receipt of the cancellation request. If cancellation of the switch is accepted, notification will be sent simultaneously to the incoming supplier, the outgoing supplier and the consumer.

Through the following link you can access the energy offer comparison tool in the free market (for electricity and for gas) designed by the National Commission on Markets and Competition for low voltage consumers, with and without time restrictions:

Market energy offer comparison tool.

For contracts on the regulated market (PVPC), the contracted power must be equal to or less than 10 kW and the consumer must be a natural person or a microenterprise.

A simulation of the PVPC electricity bill (for consumers with contracted power of 10 kW or less) is available on the CNMC (National Commission on Markets and Competition) at the following link:

Electricity bill simulator.

Before taking any other course of action, consumers wishing to lodge a complaint or claim must contact the customer service department of their supplier or distributor. That department has a period of 15 working days to resolve complaints, claims and any contractual issue raised by its customers. Consumers must first use this channel before they can take any of the options described below.

Suppliers and distributors may introduce an additional customer protection procedure. Any decision made under this procedure will be binding on the company in disputes on the invoicing of contracted services: Customer Ombudsman. This is a free service for customers, which operates independently of the company. The time-limit for reaching a decision will not exceed two months.

In addition, electricity consumers may submit their complaint to the Consumer Arbitration Boards, in accordance with the terms laid down in the applicable legislation.

They may also refer the matter to an accredited alternative dispute resolution entity, the effects, requirements and conditions of which will be set out in the applicable legislation.

Similarly, consumers may contact the autonomous communities and cities of Ceuta and Melilla, which may set up administrative procedures for complaints or disputes arising from supply contracts, network access contracts, or invoicing matters (including the absence of invoicing or related delays in invoicing) where such disputes relate to the supply provided in their respective territories. In addition, consumers who have been refused an energy allowance, or disagree with its application, may lodge a complaint with the relevant customer services.

For electricity supply to be suspended, that possibility must be provided for in the supply or access contract.

As a general rule, the payment period is 20 calendar days from the date of issue of the bill. However, consumers in the free market may agree on a different period with their supply company and have this reflected in their contract.

• Natural persons at their habitual residence with a contracted capacity of 10 kW or less: the supplier will send a written notice to the consumer within a maximum period of two months from the date of issue of the bill, or at the time payment is rejected if that occurs after that period, informing them of that circumstance. Fifteen working days before the expiry of the period established for the commencement of the suspension procedure, the supplier will again formally request payment from the consumer, if the latter has not made payment. That request will include the specific date from which the electricity supply may be suspended. For vulnerable consumers receiving an energy allowance, once four months have elapsed from notification of the first request for payment, the Minimum Vital Supply [SMV] will apply. The SMV is structured as a maximum capacity limit which may not be exceeded. It is set at 3.5 kW and will apply only in cases where the contracted capacity exceeds that maximum capacity limit. It will remain in force for a period of six months, during which the supply may not be interrupted. Once those six months have elapsed, the supplier may request the distributor to suspend the supply.
• Other consumers: suspensions will be subject to the guarantee and supply suspension conditions agreed between the parties; where the consumer is a natural person at their habitual residence, at least one month’s prior notice must be given.
• Consumers contracting access to the networks directly with the distributor: the access contract will be suspended when at least two months have elapsed from when payment was formally requested from the consumer, where the consumer is a natural person with a contracted capacity of less than 10 kW. In all other cases, that period will be one month. In the case of public authorities, the supply will be suspended if payment has not been made within four months of the first request for payment

• For consumers covered by the VPSC and for natural persons at their habitual residence with a contracted capacity of 10 kW or less, the supply will be reconnected within a maximum of 24 hours from when there is evidence of payment of the amount due, any interest accrued and the authorised reconnection charge has been confirmed. For that purpose, the supplier will request the distributor to reconnect the supply within a maximum period of 12 hours from when there is proof of payment.
• For consumers not falling within the above categories, the supply will be reconnected subject to the conditions agreed between the parties. In any event, the distributor will reconnect the supply point within a maximum period of 24 hours from the day on which the supplier requests it.

Without prejudice to the foregoing, the applicable legislation identifies a group of consumers whose supply may not be suspended. These are known as essential supplies. These include the following:

• Public lighting under the responsibility of public authorities. Ornamental lighting (of squares, monuments, fountains or of any other building or place of interest) is not included.
• Supply of water for human consumption through the network, including water treatment plants, and the related ancillary facilities necessary for their proper operation.
• Military barracks and institutions directly linked to national defence, in particular all units of the Armed Forces, the security forces and bodies, the fire service, civil protection and the municipal police, except for buildings used as staff housing, commissaries and recreation areas.
• Court and tribunal buildings and prison facilities, but not their annexes used for non-prison groups.
• Public transport services and their equipment, and facilities directly used to ensure the safety of land, maritime or air traffic.
• Healthcare centres in which there are operating theatres, treatment rooms and electric equipment for patient use.
• Hospitals.
• Funeral services.
• Domestic supply circumstances requiring an essential supply of electricity that are officially documented as such by medical personnel, because they power medical equipment that keep a person alive, including persons in a situation of electricity dependence. These kinds of supply will be limited to natural persons in their habitual residence.
• Supply to consumers who are classified as severely vulnerable, are covered by last-resort tariffs and are being assisted in relation to their supply by social services in the competent public authorities because, in view of their income, they are at risk of social exclusion. These kinds of supply will be limited to natural persons in their habitual residence.
• Supply for which the electricity bill remains unpaid, where the holder is a beneficiary of the energy allowance and, for its application, has demonstrated that they form part of a household in which there is at least one child under 16 years of age, or where the owner or any member of the household is in a situation of officially recognised dependency (grade II or III), or has an officially recognised disability of 33% or more, all in accordance with the terms set out in the applicable legislation. The social vulnerability of those groups must be attested in a document issued by the social services of the competent public authorities. These kinds of supply will be limited to natural persons at their habitual residence.

The autonomous communities and local authorities may, within the scope of their competences, declare such supply to be essential.

It must be stated that a declaration of the essential need of a supply point must be demonstrated and notified to the distributor, which will include it in the SIPS.