ᐅ Incorrect Energy Certificate / Energy Performance Certificate
Created on: 27 Jan 2015 10:38
O
OrschelHello,
I hope someone can answer my question or is familiar with this topic. Our house construction is now completed, and at the end of the project, we received all the documents again from our architect. I noticed that the energy certificate, or energy performance report, was incorrectly prepared. For example, it mentions a ventilation system that we do not have...
The certificate was issued by our architect. What would happen in case of a sale, or could we face any problems? Who is responsible for the accuracy of the certificate?
I hope someone can answer my question or is familiar with this topic. Our house construction is now completed, and at the end of the project, we received all the documents again from our architect. I noticed that the energy certificate, or energy performance report, was incorrectly prepared. For example, it mentions a ventilation system that we do not have...
The certificate was issued by our architect. What would happen in case of a sale, or could we face any problems? Who is responsible for the accuracy of the certificate?
You need to have a new, valid energy performance certificate issued when selling the house.
If KfW funds were applied for, incorrect information was provided, which has legal consequences. In that case, I would contact the architect as soon as possible.
In principle, if it is agreed in the contract, you can insist on the issuance of a correct energy performance certificate. You must report this defect in writing to the architect and demand rectification.
If KfW funds were applied for, incorrect information was provided, which has legal consequences. In that case, I would contact the architect as soon as possible.
In principle, if it is agreed in the contract, you can insist on the issuance of a correct energy performance certificate. You must report this defect in writing to the architect and demand rectification.
No, we have not applied for KfW funds. So the issue would only arise if we ever decided to sell the house (which is not planned).
If I now report this apparent defect in the ventilation system and receive an updated certificate that is still incorrect (which I cannot verify as a layperson), then wouldn’t the signatory issuer be held liable, or would I as the homeowner be responsible?
If I now report this apparent defect in the ventilation system and receive an updated certificate that is still incorrect (which I cannot verify as a layperson), then wouldn’t the signatory issuer be held liable, or would I as the homeowner be responsible?
What do you mean by "dran"? I am not a lawyer, but as I understand it:
If you are aware of a defect, you have to disclose it; otherwise, it could be considered (fraudulent) misrepresentation. If you do not know that the certificate is incorrect, why should you be held liable? In that case, you could shift the responsibility to the architect, as they sign off on the accuracy of the energy performance certificate.
If you are aware of a defect, you have to disclose it; otherwise, it could be considered (fraudulent) misrepresentation. If you do not know that the certificate is incorrect, why should you be held liable? In that case, you could shift the responsibility to the architect, as they sign off on the accuracy of the energy performance certificate.
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