The energy performance certificate has been such a hot topic in recent weeks that more than one household could already be heated with it. On 28 April 2023, an amendment to the Act on the energy performance of buildings and the Building Act came into force, which clarified the existing regulations and, above all, made them more effective.
It is worth checking when an energy performance certificate is mandatory and when it is not required. You should also find out who issues the energy performance certificate and where it can be obtained.
What is and what does an energy performance certificate contain?
The energy performance certificate is a document which determines the amount of energy required to meet the energy needs associated with the use of the property. This includes the energy required for heating or ventilation, domestic hot water and lighting.
Interestingly, there is no formal definition of this document, and the law only defines what such a certificate should contain. It is worth mentioning here that the energy performance certificate itself has been on the market for many years, but this obligation was practically not fulfilled. As a rule, sellers and landlords of real estate evaded this obligation by appropriate provisions in contracts, in which the buyers of the right to the property waived their claims concerning the certificate.
The obligation to have a certificate stems from European law. The aim of the changes being introduced is to promote energy-efficient construction and to raise public awareness of energy savings.
When choosing a fridge, washing machine or other domestic appliance in the shop, most customers look at the energy efficiency labels. Often, choosing a slightly more expensive appliance means such high savings on electricity that the price difference pays for itself after only a few months. An analogy can be drawn with real estate. When comparing two buildings with similar parameters, it is worth looking at which one is more efficient if you want to incur less costs in using the building.
Is an energy performance certificate mandatory? When is it not required?
It should be stressed at the outset that an Energy Performance Certificate is not and will not be required for existing properties that are used for personal use.
The obligation to provide an energy performance certificate extends to property owners and managers, and a penalty of up to PLN 5 000 will be imposed for failing to do so or doing so incorrectly. Lawyers’ doubts are raised by the term “transfer of the right to real estate” because, contrary to popular opinion, it does not refer exclusively to the sale of real estate, but also to other forms, such as donation, as well as the lease of real estate. If the landlord fails to comply with this obligation, the tenant can obtain an energy certificate and claim reimbursement from the landlord.
The legislator has also provided for several exceptions for, among others, historic properties, industrial buildings, residential buildings intended for use for no more than four months a year and detached buildings with a floor area of less than 50 m2.
Energy performance certificate - who issues it? Where can it be obtained? How to prepare it?
The Act primarily defines the rules for drawing up a performance certificate. They can only be prepared by a person who is authorised to do so and who is on the list of the Ministry of Development and Technology. The prepared characteristic must be entered into an IT system, which will direct it to the generally accessible Central Register of Energy Characteristics of Buildings. However, the party ordering the service will receive the document in paper form.
The price of the document depends on the location of the building, its size, shape, purpose and complexity of the project. The cost of an energy performance certificate is at least 300 PLN. However, it should be borne in mind that the obligation introduced will significantly increase the demand for these certificates, which will probably translate into an increase in prices for such a service.
