Energy Performance Certificate of a Building – Important Changes from April 2023 !

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Recently, there has been a lot of talk about energy performance certificates. This is related to the amendment of the provisions of the Act on the Energy Performance of Buildings, which will come into effect on April 28. It includes regulations regarding the obligation to obtain energy performance certificates for buildings. But what is it exactly? And does everyone really need to have one?

What is an energy performance certificate?

An energy performance certificate is a document that provides information about the energy quality of a building, including its energy consumption for various purposes such as lighting, heating, hot water supply, ventilation, and air conditioning. With the information contained in the certificate, the owner, tenant, or occupant of the building can assess the approximate annual energy consumption and associated costs.

Amendment of the regulations regarding energy performance certificates

  1. The list of entities required to have an energy performance certificate for a building does not change significantly. The obligation still rests with the seller or lessor of the building or its part, as it has been until now. Previously, this obligation applied to buildings constructed in 2009 and later. As a result of the amendment, the obligation to have an energy performance certificate will also be extended to older buildings.
  2. The method of transferring the certificate has also been modified. Previously, the certificate had to be handed over when concluding a sales or lease agreement. From April onwards, when entering into a sales agreement for a building or its part, the energy performance certificate must be provided at the stage of drawing up the notarial deed. The notary public will record this fact in the notarial deed. Failure to comply with this obligation may result in a fine, and the notary public will inform us about the potential penalty.
  3. The law also changes the situation for investors of new buildings. After the amendment comes into force, the investor is required to submit a copy of the energy performance certificate when submitting the completion notice or application for occupancy permit.

Who is required to have an energy performance certificate?

It is not the case that every building or apartment owner must immediately commission the preparation of a certificate. Among the articles that have recently appeared, incomplete information on this subject can be found. This obligation applies to investors of new buildings as well as sellers and lessors of buildings or their parts. Importantly, for existing buildings or apartments, the obligation arises only when they become the subject of a sale or lease. If the property is currently under a lease agreement, the certificate will need to be provided with the next agreement.

Exemptions from the obligation to obtain an energy performance certificate

The Act on the Energy Performance of Buildings also includes several exemptions from the obligation to obtain a certificate. These include buildings with an area of up to 50m2, industrial buildings using only lighting electricity, historical monuments, and places of worship. However, is it really possible to exempt oneself from the requirement to obtain a certificate by hanging a shrine on the wall? You will find out more in our next publication.