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Stricter rules for energy performance certificates

The requirements for energy performance certificates for existing residential buildings have been tightened once again as of May 1, 2021. Additional information, including greenhouse gas emissions for the property, is now required. As a result, energy performance certificates will—how could it be otherwise?—become more expensive in many cases and even more complicated to obtain. You will always need an energy performance certificate if you want to sell or rent your property.

The new rules (based on the Building Energy Act of November 2020) initially apply only to new energy performance certificates. Since an energy performance certificate is always valid for ten years, you may be in luck: if your existing energy performance certificate was issued after 2011, you do not need a new one for the time being. Owners who only use their property themselves and do not plan to sell or rent it do not need to concern themselves with this issue either. The changes are relevant for sellers or landlords whose energy performance certificate is either more than ten years old or does not yet exist.

Difference between an energy performance certificate and an energy consumption certificate

In future, there will continue to be two types of energy performance certificates: energy performance certificates and energy consumption certificates. To issue an energy performance certificate, the property is assessed by experts and the expected energy consumption is calculated based on the structural condition, thermal insulation, heating technology, etc. Consumption certificates, on the other hand, have so far only documented the energy consumption of the previous occupants over the last three years. Accordingly, the costs for the two types of energy performance certificates varied widely: an energy performance certificate cost between $400 and $500, while consumption certificates were available for between $25 and $100. However, this will change, as consumption certificates will now also have to contain more detailed information.

What changes will apply from May 1, 2021?

First of all, these are rather minor and vague changes, the practical implications of which are difficult to assess. To keep track of all these subtleties and ensure that the sale or rental of your property does not fail due to a small error in the energy performance certificate, it is best to bring an experienced real estate professional on board in good time! They know exactly which legal obligations must be observed and where they are relevant. Here is a small selection of the new rules: 1.) Newly issued energy performance certificates must specify greenhouse gas emissions. This is to ensure that, in addition to the expected operating costs, the climate compatibility of the property is also easily visible at a glance in the energy performance certificate. – 2.) Consumption certificates must now also describe the energy quality of buildings and systems in detail, which was previously only required for demand certificates. This includes numerous details, right down to the due date of the next inspection for an air conditioning system. – 3.) Owner liability for incorrect or unclear information in the energy performance certificate is also being tightened. The certificate is always issued by an expert, but you as the owner can provide much of the data yourself (e.g., in the form of photos). However, you are then liable for the accuracy of the information and must ensure that the issuer of the energy performance certificate can derive a reliable assessment from it. – 4.) The requirement that real estate advertisements must contain certain mandatory information on energy consumption was already introduced with the amended EnEV 2014. This mandatory information – and the corresponding fines for non-compliance – remain unchanged, but will in future apply not only to the owner themselves, but also explicitly to real estate agents.

Do you have any further questions about the energy performance certificate? Contact us! We will be happy to advise you without obligation!

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