Energy certificate in the sale and rental of real estate
An energy certificate shows the energy performance of a building or of a separate part of it. A separate part may be a flat, an apartment or business premises. The certificate is issued for a building or a separate part for which energy must be used to maintain indoor climate conditions in accordance with the intended use of the space. The certificate is issued by an authorised person on the basis of an energy audit and is valid for ten years from the date of issue.
When must the owner obtain it?
Under the Act on Energy Efficiency in Buildings, the owner must:
- obtain an energy certificate before sale, renting, leasing or giving on lease;
- hand over the certificate or a photocopy of it to the buyer, tenant, lessee or leasing recipient;
- present the certificate to a potential buyer, tenant, lessee or leasing recipient;
- state the energy class of the building or of its separate part in an advertisement published in the media.
For a building for which a certificate is issued, the investor or owner must also obtain it before the issuance of the occupancy permit, unless otherwise prescribed by the Act.
Advertisements and real estate agencies
The energy class must be stated in an advertisement for sale, renting, lease or leasing if the advertisement is published in the media. The same obligation applies to an authorised real estate broker. The certificate therefore needs to be obtained before the advertisement is published in the media.
Exceptions
A certificate is not issued for:
- a building used for holding religious rites or religious activities;
- a temporary building whose period of use is two years or less, an industrial plant, a workshop and a non-residential agricultural building with low energy needs;
- a residential building used for less than four months per year;
- a freestanding building with a total useful floor area of less than 50 m².
Flat smaller than 50 m²
A flat smaller than 50 m² is not exempt from the obligation solely because of its area. The exception relates to a freestanding building with a total useful floor area of less than 50 m². A 40 m² flat in a multi-apartment building must, as a rule, have a certificate if it is sold or rented.
Holiday homes and seasonal properties
An exception exists for a residential building used for less than four months per year. It does not automatically apply to every holiday home, vacation house or apartment. It is necessary to determine the type of property and the manner of use. For an apartment or flat within a larger building, the application of the exception must be checked separately.
Old houses, ruins and unfinished buildings
The age of the building is not a statutory exception. For ruins and unfinished buildings, the Act does not prescribe a separate exemption. In every case, it must be determined whether it is a building or a separate part of it for which energy must be used to maintain indoor climate conditions in accordance with its intended use.
Gifts, inheritance and exchange
The Act links the obligation to obtain a certificate to sale, renting, lease and leasing. Gifts, inheritance and exchange are not listed as events that, in themselves, activate that obligation. If the new owner later sells or rents the real estate, it should be checked whether there is an obligation to obtain a certificate.
Effect on the contract
The Act prescribes the obligation to obtain, present and hand over the certificate. It does not prescribe that the absence of the certificate in itself causes the nullity of the contract or prevents land registry registration. It is useful to state in the contract that the certificate or a photocopy of it has been handed over to the other contracting party.
Monetary fines
The following fines are prescribed for breaches of obligations connected with the certificate:
- owner – natural person: EUR 1,000 to 2,000;
- owner – legal person: EUR 3,000 to 6,000;
- authorised broker – natural person: EUR 1,000 to 2,000;
- authorised broker – legal person: EUR 3,000 to 6,000.
For the owner, offences include, among other things, failing to obtain the certificate before sale or renting, failing to hand over the certificate or a photocopy of it to the other contracting party, and failing to state the prescribed information in an advertisement published in the media. For a broker, failing to state the energy class in such an advertisement is punishable. Supervision is carried out by the market inspection of the State Inspectorate in the field of consumer protection.
Checklist before sale or renting
- Check whether there is a valid certificate.
- Check whether the certificate relates to the real estate being sold or rented.
- State the energy class before publishing the advertisement in the media.
- Present the certificate to an interested person.
- Hand over the certificate or a photocopy of it to the other contracting party.
- Record the handover of the certificate in the contract.
- If an exception is claimed, check whether the property satisfies the statutory conditions.
