ᐅ Is an energy certificate / energy performance certificate required?

Hello, since I couldn’t find a dedicated topic about energy performance certificates, I’m posting this in general questions and hope someone can help.

My fiancée is currently in the process of selling a house with land, which she inherited. So far, everything has been negotiated and a draft purchase agreement has been prepared. The notary has now pointed out that an energy performance certificate is required.

My question is whether one is actually needed for this house at all, as I have also read about exemptions where it is not necessary.

The house was built around 1900 and is a semi-detached settler house without a built-in heating system; the rooms still have the old tiled stoves. It is not a listed building. The house has been empty since 2013/2014 and therefore is not regularly or permanently heated or cooled. My parents-in-law visit irregularly to keep the property maintained. The buyers plan to install a heating system themselves, which in my opinion reduces the relevance of the energy certificate for them.

Would a house without a heating system fall under these exemptions? It is not possible to specify wood burning usage in relation to the past years.

Thank you very much in advance.

TR188 schrieb:
Would a house without a heating system fall under these exceptions? Naming wood burning is not possible regarding the last few years.

Since January 1, 2014, presenting an energy performance certificate is mandatory when selling or renting all buildings used for residential and non-residential purposes. There are exceptions (rental of holiday apartments, holiday homes, listed buildings, and non-relevant outbuildings), but they do not apply here.

For houses with fewer than 5 residential units and planning permits issued before November 1, 1977, which do not meet the 1978 Energy Saving Ordinance (EnEV) standards, a demand-oriented certificate is required. For all others, there is a choice between a demand certificate and a consumption certificate if suitable consumption data is available and the building has not been vacant for an extended period.

Here is a summary of your situation:

Year built: 1900
One residential unit
Coal heating
Vacant
No listed building status

-> Demand certificate required
Costs: approximately $110 (100 €) if entered by yourself without professional verification through questionable online providers, or $330–550 (300–500 €) when data collection is done by a certified professional on site.

Whether this makes sense is another question. If the building is going to be renovated anyway, you should discuss this with the buyer. They may already be in contact with an energy consultant or architect authorized to issue the certificate. If these professionals are planning modifications to the house, the demand certificate is often included as part of their services.

An energy performance certificate based on actual consumption data cannot really be issued—and that would be the cheaper option. The demand certificate is calculated quite extensively, taking into account, among other things, the building envelope. Here in the south, it costs between 400 and 500. Without consumption data, though, it is money wasted. I would consider the inexpensive version available online sufficient. No one will really need this energy certificate.

Best regards, Gabriele

Five years ago, this could still be omitted. It was then recorded in the purchase contract (parties/buyer waive the preparation of the energy performance certificate). Whether this is still possible now — just ask the notary!

If neither the buyer nor the seller insists, simply have the notary include in the purchase agreement that the proof was already provided in advance. Everyone is happy...

ypg schrieb:
Whether this is still possible – just ask the notary!

Not anymore since January 1, 2014.

nordanney schrieb:
Have the notary include in the purchase agreement that the proof was provided in advance.

Encouraging a violation of the law?

The blanket requirement to provide energy performance certificates when selling or renting buildings is questionable. Especially in cases like this, with planned renovations and obvious need for modernization, the certificate is of little to no help. Still, I would prefer the online version (at least this way the questioner does not risk breaking the law) or ask the buyer whether an energy consultant or architect has already been engaged.