From April 28th, upon entering into a lease agreement (or its extension after that date), an energy certificate will become mandatory as an annex to the agreement. The Act of October 7, 2022, amending the Act on the Energy Performance of Buildings and the Construction Law may raise many questions about the purpose and consequences of an energy certificate in property leases. What benefits do property owners and tenants derive from the information contained in the certificate? For how long is an energy certificate valid, and what legal penalties are provided for the absence of this document in the lease agreement or lease announcement?
What is an energy certificate?
An apartment energy certificate is a document prepared on the basis of a building's energy assessment , which involves calculating the apartment's energy needs for heating and ventilation, hot water preparation, as well as air conditioning and lighting.
Why prepare an energy certificate?
The purpose of preparing a housing certificate is to inform the new tenant about the costs of maintaining the property. The document estimates the annual consumption and cost of energy needed to maintain the apartment. The landlord is obligated to provide a copy of the document as an annex to the agreement, and the tenant is obligated to accept it. This is stated in Article 11, paragraphs 4 and 5 of the same Act: "4. The buyer or tenant cannot waive the right to receive, in accordance with paragraph 1, an energy performance certificate, a copy, or a printout thereof." "5. In the event of concluding an agreement to transfer ownership of part of a building or a cooperative ownership right to a unit, or a lease agreement for part of a building, the energy performance certificate provided applies to the part of the building or unit that is the subject of the agreement."
How to obtain an energy certificate ?
Property owners are required to have an energy certificate prepared. The cost varies depending on the person performing the service and the location and square footage of the property. A list of individuals authorized to prepare certificates can be found on the official GOV website .
What are the consequences of not having a certificate?
Failure to obtain an energy certificate required for lease agreements concluded after April 28, 2023 may result in a fine of up to PLN 5,000.
What is the validity period of the certificate and its conditions?
An apartment's energy certificate is valid for 10 years from its issuance . In the event of modernization, such as replacing windows or other structural changes that impact the property's energy efficiency, it is necessary to update the document by having it re-issued by a qualified person.