What are the benefits for Property Owners and Tenants? – Energy performance certificate
From April 28, upon conclusion of the lease agreement (or its extension after that date), an annex to the agreement in the form of an energy certificate will become mandatory. The Act of October 7, 2022 amending the Act on the energy performance of buildings and the Construction Law Act may raise many questions about the purpose and effects of an energy certificate in real estate leases.
What are the benefits for property owners and tenants from the information contained in the certificate? For how long is the energy certificate valid and what legal sanctions are provided for if this document is not included in the lease agreement or in the lease announcement?
What is an energy certificate?
An apartment energy certificate is a document prepared on the basis of the building’s energy assessment , which involves calculating the apartment’s energy demand for heating and ventilation, hot water preparation, as well as air conditioning and lighting.
Why prepare an energy certificate?
The purpose of preparing an apartment certificate is to make the new tenant aware of the costs of maintaining the property. The document estimates the annual consumption and cost of energy needed to maintain the apartment.
The Landlord is obliged to provide a copy of the document as an annex to the contract, and the Tenant is obliged to accept it. This is informed by Art. 11, sections 4 and 5 of this Act:
“4. The purchaser or the lessee may not waive the right to receive in accordance with paragraph. 1, respectively, the energy performance certificate, its copy or printout.”,
“5. In the event of concluding an agreement for the sale of the ownership right to a part of a building or a cooperative ownership right to a premises or a lease agreement for a part of a building, the energy performance certificate provided applies to the part of the building or premises that are the subject of the contract.
How to obtain an energy certificate?
Property owners are obliged to have an energy certificate prepared. The cost of execution varies depending on the person performing the service and the location and size of the premises. The list of persons authorized to prepare the certificate can be verified on the official GOV website .
What are the consequences of not having a certificate?
Lack of 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?
The apartment’s energy certificate is valid for 10 years from its preparation . In the case of modernization consisting in, for example, replacing windows or other factors interfering with the structure and affecting the energy efficiency of the property, it is necessary to update the document in advance by re-commissioning its preparation to a person with authorization.