Stricter rules for the energy certificate
3 min.
The requirements for energy performance certificates for existing residential buildings have been tightened once again as of May 1, 2021. Additional information, including on the property's greenhouse gas emissions, is now required. This means that energy performance certificates will - how could it be otherwise? - more expensive in many cases and their creation even more complicated. You always need an energy performance certificate if you want to sell or rent out your property.
The new rules (based on the Building Energy Act of November 2020) initially only apply to newly issued energy certificates. As an energy performance certificate is always valid for ten years, you may be in luck: If your existing energy certificate was issued after 2011, you won't need a new one for the time being. Owners who only use their property themselves and are not planning to sell or rent it out do not need to concern themselves with the issue either. The changes are relevant for sellers or landlords whose energy performance certificate is either more than ten years old or not yet available at all.
Difference between demand certificate and consumption certificate
There will also be two types of energy performance certificate in the future: Demand-based certificates and consumption-based certificates. To issue a demand certificate, the property is inspected by experts and the expected energy requirement is calculated based on the structural condition, thermal insulation, heating technology, etc. In contrast, consumption certificates only document the energy consumption of the previous occupants over the last three years. Consumption certificates, on the other hand, previously only documented the energy consumption of the previous occupants over the last three years. Accordingly, the costs for the two types of energy certificate were far apart: a demand certificate cost 400 to 500 euros, while consumption certificates were available for 25 to 100 euros. However, this is set to change, as consumption certificates must now also contain more detailed information.
What changes will apply from 1.5.2021?
One thing in advance: these are rather small and diffuse changes that are complicated to assess in terms of their practical effects. In order 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 get an experienced real estate professional on board in good time! They will know exactly which legal obligations to observe and where they are relevant. Here is a small selection of the new rules: 1) Newly issued energy certificates must state the greenhouse gas emissions. This is to ensure that, in addition to the expected operating costs, the climate compatibility of the property can be easily seen by looking at the energy performance certificate. - 2) Consumption certificates must now also precisely describe the energy quality of buildings and systems, which was previously only required for demand certificates. This includes numerous details, including 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 will also be 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 and must ensure that the issuer of the energy performance certificate can derive a reliable assessment from this. - 4) The fact that real estate advertisements must already 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 in future will 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? Are you unsure whether you need a requirement certificate or a consumption certificate for the sale of your property? Get in touch with us! We will advise you competently and without obligation!
Further information can be found here:
https://www.baulinks.de/webplugin/2021/0095.php4
Photo: © limbi007/Depositphotos.com
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